Non-gta transport of goods

Dear Members

 

Following are the cases where the seller is himself is transporting goods to buyer without engaging services of any GTA.

 

GTA is any person who issues consignment note.

 

Consignment note is basically between the consignor and transporter reagarding teh goods being trasnported.

 

if the seller has his own trucks, then i feel he is not a GTA because he is not issuing any consignment note. Who will he issue to ? Cant issue to himself !

 

Please see the questions and my replies to it and suggest your views if i am wrong.

 

X – a Company, registered under the Companies Act is transporting goods to an Individual Y, on “To Pay” basis.  Who is liable for payment of Service Tax?

No GTA involved, hence covered under Negative List. No service tax payable by anyone.

 

X – a Company, registered under the Companies Act is transporting goods to an Individual Y, on payment of freight. Who is liable for payment of Service Tax?

No GTA involved, hence covered under Negative List. No service tax payable by anyone

 

Y – an individual is transporting goods to a company, “X”  on payment of freight.  Who is liable for payment of Service Tax?

No GTA involved, hence covered under Negative List. No service tax payable by anyone

 

Y – an individual is transporting goods to a company, “X”  on “To pay” basis.  Who is liable for payment of Service Tax?

No GTA involved, hence covered under Negative List. No service tax payable by anyone

 

“X”, an individual is transporting goods to another Individual, “Y”.   Who is liable for payment of Service Tax?

No GTA involved, hence covered under Negative List. No service tax payable by anyone

 

Regards

Shivani

Replies (3)

"Agreed".............

Thanks

Dear Rocker


If in above examples GTA services were taken by the seller, then please check my replies and advise.
Suppose the GTA is ABC.

 


X – a Company, registered under the Companies Act is transporting goods to an Individual Y, on “To Pay” basis.  Who is liable for payment of Service Tax?

 

Person liable to pay freight is Individual (Y). Reverse charge not applicable. Service tax   @   3.09% is payable by GTA i.e. ABC.

 

 

X – a Company, registered under the Companies Act is transporting goods to an Individual Y, on payment of freight. Who is liable for payment of Service Tax?

 

Person liable to pay freight is a company (X). Reverse charge applicable. Company X will pay service tax   @   3.09%.
 

 

Y – an individual is transporting goods to a company, “X”  on payment of freight.  Who is liable for payment of Service Tax?

 

Person liable to pay freight is Individual (Y). Reverse charge not applicable. Service tax   @   3.09% is payable by GTA i.e. ABC.

 

 

Y – an individual is transporting goods to a company, “X”  on “To pay” basis.  Who is liable for payment of Service Tax?

 

Person liable to pay freight is company (X). Reverse charge applicable. Service tax   @   3.09% is payable by company X   @   3.09%.
 

 


“X”, an individual is transporting goods to another Individual, “Y”.  Freight to be paid by X. Who is liable for payment of Service Tax?

 

Person liable to pay freight is Individual (X). Reverse charge not applicable. Service tax   @   3.09% is payable by GTA i.e. ABC. The answer will remain same even if freight were to be paid by Y.

 


Regards

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