Sevice tax applicable or not on following cases?

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This query is : Resolved

Sarat Kumar Sahoo (Querist)

12 October 2012 Kindly solve this query?

Case I:
Information:
a. Service Provider is ABC Pvt Ltd (Goods Transport Agency by road)
b. Service Receiver is XYZ Partnership Firm

Can XYZ pay service tax as per reverse charge of service tax net?
Can XYZ pay ST If ABC is a Public limited Company?

Case II:
Information:
a. Service Provider is ABC Individual/Firm (Goods Transport Agency by road)
b. Service Receiver is XYZ Partnership Firm

Can XYZ pay service tax as per reverse charge of service tax net?

CA MOHIT GOHLYAN

CA MOHIT GOHLYAN (Expert)

12 October 2012 As per clause(2) of notification 30/2012-ST, dated 20-6-2012 service tax is payable by recipient of service in respect of services provided by goods transport agency for transportation of goods by road where the CONSIGNEE OR CONSIGNER is any of the following:
1. Any Factory Registered under Factories Act,1948.
2. Any Society Registered under the Societies Registration Act,1860 or under any other law.
3. Any Co-operative society Established by or under any law.
4. Any Dealer of excisable goods, who is registered under the Central Excise Act,1944
5. Any Body Corporate Established, by or under any Law
6. Any Partnership Firm whether registered or not under any law including AOP.

Case I

XYZ pays the service tax being partnership firm
XYZ pays the service tax even if ABC is a Public Limited Company

Case II

XYZ pays the service tax as per reverse charge of service tax net.

Sarat Kumar Sahoo

Sarat Kumar Sahoo (Querist)

15 October 2012 What amount of service tax will be paid by service receiver as per reverse charges?

1. Service Bill Amount: Rs1000.00
2. ST 12.36%
3. ST Amount: Rs123.60
4. Nature of Service: Goods Transport by Agency(Road)
5. ST paid by receiver is 123.60x25%=Rs30.09

Please rectify if I am incorrect?