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Point of taxation in gta service

Nishant Alok (Chartered Accountant) (97 Points)

30 July 2011

Dear All

My company is selling goods all over India & pays the transportation charges for dispatching the goods to customers.Now the situation is that goods is delivered on 25th July to our customer but we received the lorry receipt as a proof of delivery on 6th August.Now since payment of service tax on the GTA service is ours,& the goods delivered in July.

So, kindly advice me in which month liability for Service tax arises as now we have to give service tax on bill basis instead of payment basis.

I my view we can't delay in entry on the point that we are receiving the LR copy after 10 days & so we are doing entry in the date on which the goods are delivered to customer & depositing service tax with late fine.

Please advice.

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3 Replies

CA Madhvi (...Blissful...) (1658 Points)
Replied 30 July 2011

POT rules dont apply to reverse charge mechanism ....it falls in one of the exceptions......so service tax is to be paid when gta payment is made........so no worry

1 Like

CA Unnikrishnan Nair N (Chartered Accountant) (2083 Points)
Replied 01 August 2011

For taxes payable under reverse taxing, date of payment is the point of taxation.

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Dayal (Gen. Manager - Indirect Taxation) (3434 Points)
Replied 24 August 2011

In respect of service tax payable by recipient of service notified u/s. 68(2) of Finance Act, 1994

In case of the services specified in Rule 2(1)(d)(4) of the Service Tax Rules, like GTA, insurance, import of services; etc., Point of Taxation shall be the date on which payment is made to service provider.

However, if such payment is not made within the period of six months of the date of invoice, the Point of Taxation shall be determined as if this rule does not exist and the general rule will apply.

1 Like