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Gta services

Service Tax (Legacy) 627 views 4 replies

Respected Sir / madams

A research center registered as a society under society act. Assesee is receiving a GTA & CAB services from service provider. Whether society is liable to pay Service tax under RCM.. ??? Can you provide any notification..?

 

Thank you

Replies (4)

As I understand, since the service reciever is not a body corporate, RCM is not applicable.

Dear Poornima,

I would like to add here that you have mentioned your point with reference to Partial Reverse Charge Mechanism as per Notification No. 30/2012-ST dated 20-06-2012 which is correct for Renting of Motor Vehicle since Assessee is not a Body Corporate  & hence service receiver is not liable to service tax. However as per rule 2(1)(d) of Service Tax Rules, 1994, in case of GTA, if the person liable to freight is registered society than yes service receiver would be liable to pay service tax & if society is liable to pay freight than in such case service provider i.e. GTA would be liable to pay service tax.

Yes Agreed with Mr. Jadeja,

Your society is laibel to pay service tax under RCM on fright paid to GTA

Originally posted by : Kuldipsinh Jadeja
Dear Poornima,

I would like to add here that you have mentioned your point with reference to Partial Reverse Charge Mechanism as per Notification No. 30/2012-ST dated 20-06-2012 which is correct for Renting of Motor Vehicle since Assessee is not a Body Corporate  & hence service receiver is not liable to service tax. However as per rule 2(1)(d) of Service Tax Rules, 1994, in case of GTA, if the person liable to freight is registered society than yes service receiver would be liable to pay service tax & if society is liable to pay freight than in such case service provider i.e. GTA would be liable to pay service tax.

I just mistyped last sentence and forgot to use the word "Not" so it should be read as "

if society is not liable to pay freight than in such case service provider i.e. GTA would be liable to pay service tax


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