Query Query Query !!!!!!!!! :o Help needed again :( plzz guys answer....

Queries 564 views 3 replies

rashmi

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59 Points Posted on 29 January 2010

Guuuuuuuuuyyyyyyssssssss !!!!!!!!!!!!!!!!!!!!!!!!!!!! Its again time for u to wrackkk ur brains...... :) ;)

This organisation holds dat it is not liable to collect and pay service tax under Rule 2 (1d) on da ground dat dey are not availing the services of a GTA...rather they are taking the transport service from organisations who own da trucks and not thru an agency and these tour operators are exempt from paying service tax in the BUDGET 2008...mOREOVER THE CONSIGNMENT NOTE BEING ISSUED TO DEM does not comply with Rule 4B......Sooo is da org liable to collect service tax or not......Plzzzz give an affirmative answer if possible..... :( i am in need of querries.... :( :(

Replies (3)

rashmi

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59 Points Posted on 29 January 2010

FRENS if u need any clarification about the case or if u have even the slightest of idea on this topic.....plzzz mention.....Atleast dont embarass mee sooo much by ignoring and not replying at all .....

rashmi

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59 Points Posted on 29 January 2010

Bhushan

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91 Points Posted on 29 January 2010

Hey rashmi...U making my fun kya...by saying tht this must be really easy for me....huh....anyways... what i feel is tht .. section(50b) of act says “goods transport agency” means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called" if he is not into bussiness of transporter or logistics ie he is not service provder..then the question of service tax does not arise. U better check the terms of contract...im sure they must be cutting the TDS @ 1% as a contractor.. but in ur case it seems that it is a hiring i.e. rent u/s 194I and not 194 C,so TDS must be cut @ 10%