Service Tax Liability

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Anup Gupta (Querist)
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16 January 2010 We are a manufacturing company wherein we receive transportation services of more than Rs. 6.00 crore.
There are two queries
1. What will be the taxable point? The point when the transportation aganecy raises the bill or the time whne we make the paymet.
2. We give some advance to the lorry driver and the balance amount is paid by the customer on our behalf which is further adjusted from our payment. Now the customer is deducting service tax on the balance amount paid and adjusts from our account. Is the customer right while doing this, if yes, then how should we account for it?

Please advice

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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18 January 2010 The taxable event is the payment by you to the GTA. In case of indirect payment ( cusotmer) then the debit/ deduction notice date) The payment of the GTA ST on 25% is to be made by the 5th of the next month.

The ST on GTA is payable by the person responsible for payment of the freight. In your case since you are responsible only you should be paying the ST. You may provide a declaration to your cusotmer that since you are liable tp ay the ST you are paying on the gross amount. The amount paid by him is only as an agent of your wrt that transaction and therefore there is no liability on him.

Anup Gupta

Anup Gupta (Querist)
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18 January 2010 Thank you sir,

One more thing, can I claim credit from the tax on 25% of the taxable amount