Service tax liability, who can't provided consignment not

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Rahul Prajapati (Querist)
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08 June 2013 Dear Sir/Madam,

I have a query regarding Service Tax On Local Transporter who can not provided any Consignment Note.

So, in this Case What Will i Do?

Ganeshbabu K

Ganeshbabu K (Expert)
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08 June 2013 In your case with out consignment note it is not GTA service

GTA---provisions are here under

1)Tax when consignment note issued. Simple transport of goods service (without issue of consignment note) is not a GTA service.

2)Person liable to freight is liable to pay service tax on GTA if he is body corporate, factory, registered dealer under Central excise, society, cooperative society, partnership firm (registered or not).

3)Tax on 25% if GTA does not avail Cenvat Credit – Hence service receiver should get certificate from him that he has not availed Cenvat credit.

4)Otherwise tax on 100% value.

5)GTA is liable to pay service tax if (a) person liable to pay freight is individual or HUF (b) Person liable to any freight is outside taxable territory (like J&K, Nepal, Bhutan, Bangla Desh, Pakistan etc.).

Rahul Prajapati

Rahul Prajapati (Querist)
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08 June 2013 Sir can u tell me pls in my case What will i do? that i paid Rs. 5000/- to local tempowala (Individual) n he has no Consignment note or any thing.

What Will be the Accounting entry Made ?