banner_ad

Rule 5 (2) Pure Agent Basis

This query is : Resolved 
Profile Image

Profile Image

(Querist)
21 July 2009 what is the proper explanation to Rule5(2) of Service Tax.

My company is into engineering consultancy. when we provide service to clients we have to arrange vehicles at the project sites as per the requirement of terms of agreement. client pays us against vehicles at a fixed amount per vehicle used per month. will it be a part of taxable service for calculating service tax or it should be excluded from taxable value of services as per Rule 5(2).

Please reply with proper explanation of the term 'pure agent' .

Thanks a ton.
Profile Image

Rajesh Kumar

Profile Image

Rajesh Kumar (Expert)
27 July 2009 It has to be seen that whether it is GTA service or renting of movable property. If the payment to vehicle is on the basis of how much transportation has been done, it is GTA; if on fixed monthly basis, it is renting of immovable property.
If it is GTA, user is required to pay; if it is renting, service provider is to pay. In second case, the service provider shall have small scale exemption.
The defence of "pure agent" is irrelevant.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
Join CAclubindia WhatsApp Finance Community & stay updated with the latest TAX news, compliance alerts and important updates all in one place!


Similar Resolved Queries


loading


Unanswered Queries


banner

Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Subscribe Now

Follow us
add to google news



Answer Query



Quick Links



Browse by Category




Latest Job Openings

View all
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
11 May 2026
Post office

Post office

Anakapalle

Others

View Details
Company
14 May 2026
Financial Analyst - Remote Finance Expert

HiringBridge

Ahmedabad

CA

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
09 May 2026
Audit Manager

Kanna and Associates

Coimbatore

CA Inter

View Details
Company
19 May 2026
Fundraising Expert

MentorsWorld Ventures Private Limited

Ahmedabad

Others

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details