Applicability of service tax

981 views 1 replies

XYZ Ltd. engaged in processing of Raw Shrimps (Fish) .Such company procures from local harvesting parties and exports accordingly after processing.Now, after packaging of such frozen shripms, containers are being loaded and transported by road by cargo carrier company (say, ABC LTD.) carries such goods upto the port for shipment.

ABC Ltd. does not charge Service tax on such freight charges.My client also does not provide service tax under reverse charge mechanism. Contention of XYZ Ltd. is that as frozen shrimp is Agricultural Produce and service rendered in relation to export is outside of applicability of service tax.

in such context, I found two issues involved.. One is applicability of Service Tax and another Exemption related issues.

1) Applicability in this case:

As Service has been rendered inside India(upto the port), Service tax will be levied on such frieght charges.

2) Exemption related issues:

Yes, it is correct that raw Shrimps (fish) falls within the definition of Agricultural Produce, but so far this case is concerned, such shrimps are not sold to "PRIMARY MARKET" as it is for exportation only. Moreover processing of raw shrimps into frozen shrimps are being done as per requirement of foreign importer.Hence this is a case of MANUFACTURE and any process involved  to make MARKETABLE of such finished product (Freight charges from factory to port) is Subject to service tax and GTA service will be attrackted.

Looking for your expert opinion.

Thanks,

CA.Suman Saha

 

Replies (1)
Exemption on input service of exporters can be claimed by filling form exp1 and exp2

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details