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Service Tax

Queries 824 views 2 replies

Sorabh Gupta

Manager ( Taxation )

877 Points Posted on 13 April 2009

Dear All

Can Any one have the details of abatement in all the services.??????????

And if we are paying GTA then whether we are required to take some declaration from transporter,,,,,,,,,,,,,,,,,,,

Replies (2)

SIDDHARTHA SANKAR ROY

Government Servant -MOF

868 Points Posted on 13 April 2009

No requirement of declaration from transporter for availing exemption under GTA. Earlier clause was deleted from last year's budget.

Madhukar N Hiregange

Chartered Accountant

39039 Points Posted on 15 April 2009

The abatement of 75% is available to the GTA as well as the service receiver without any declaration.

One point which is still a grey area is what is the differecne between a GTO ( goods Transport Owner/ Operator) and the GTA ( Goods Transport Agent)

In my opinion taking strength from the FM speech in 2004 + the remarks of the committee which examined the issue only booking agents are liable therefore the direct contracts may not be covered. However no judicial confirmation of the same has come.

We have observed that where this argument was taken up many cases are not being adjudciated for over 1-2 years. However in the Bangalore bench we understand that this matter was argued and has been decided in the same manner. [ However the final judgement has not been passed]

Warm Regards