Service tax on gta

This query is : Resolved

Naveen Kumar (Querist)
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20 October 2013 Queries on GTA
Service receiver is a company.

1. Under reverse charge mechanism who is liable to pay service tax on GTA?
a. in case where service provider is not claiming CENVAT credit.
b. in case where service provider is claiming CENVAT credit.

2. Is liability arises for service receiver even though the receiver has paid 100% service tax to service provider along with the bill?

Ganeshbabu K

Ganeshbabu K (Expert)
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20 October 2013 in any case
.
.
1)person responsible to pay frieght required to pay service tax under reversecharge
.
.
2)service receiver means person who is responsible to pay frieght,only he required to pay tax to department

@VaibhavJ

@VaibhavJ (Expert)
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20 October 2013 Hi

Service tax is a statutory liability and cannot be shifted by mutual agreement. Service provider should charge only his part of service tax. Service recipient is to pay service tax of his part by GAR-7 challan. Service recipient is liable for only his part and not entire amount, even if service provider does not charge his portion of service tax.

Thanks//VaibhavJ

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