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Madan Dubey (Querist)
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01 January 2013 If transporter raised the bill for Rs.58,025 & claimed Rs 7,172 as service tax for the said amount ,than what amount we have to pay, please mention rules also.

Kaushik Vinod

Kaushik Vinod (Expert)
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02 January 2013 Hi Madan,

The said billing is without the abatement of 75% available in Notification No.26/2012 and the amount payable is 12.36% of 58025 if you are not any of the following person mentioned in the Notification no.30/2012 dated 20-06-2012.
(a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);

(b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India;

(c) any co-operative society established by or under any law;

(d) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;

(e) any body corporate established, by or under any law; or

(f) any partnership firm whether registered or not under any law including association of persons

Crux:-If you are any of the following person mentioned above then reverse Charge is attracted and you are liable to pay the tax rather then transporter and can also claim the CENVAT on the same.

Thanks

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