15 December 2015
Dear Experts, Mr. X is suppliers/partnership firm and Mr. B is buyer/proprietary firm not registered in excise, Mr. X has paid freight Rs. 3000/- on the behalf of Mr. B, however Mr. B is not liable to Pay 30% ST on the freight amount, query.1) weather Mr. A is liable to Pay 30% ST or not .2) if Mr. B is not liable to pay ST then is it mandatory to pay 30% ST by Mr. A .3) Mr. B will reimburse only freight amount to Mr. A not ST amount, can Mr. A avail cenvat credit or not....
19 December 2015
Here I take A is GTA. 1 A is liable to pay service tax to Govt. 2 It is mandatory to pay service tax by A to Govt. B is only not liable to pay service tax under RCM but liable to pay service tax to A on the invoice. 3 B has to pay freight and service tax. A can't avail cenvat credit as freight is only an input to B only.