Service tax under rcm

Please advise whether service tax under RCM is applicable in the present case :-

 

X company supplies materials to Y company using the services of logistics company Z which is an associate of X company. In the purchase order of Y company raised on X company, Y company accepts to pay a fixed rate per MT for freight which X company includes in the bill for supplies. LR is raised by Company Z for transportation of materials from X company to Y company indicating Freight Prepaid. Whether Y company is liable to pay service tax on RCM? If yes, kindly give details of court order, if any.

Thanks

K Venkatraman

 

Replies (1)

As per notification No. 30/2012-ST the person liable to pay freight in respect of services provided by a GTA in respect of transportation of goods by road is liable to pay Service Tax under RCM. X Ltd is liable to pay service tax under RCM, since X Company is paying freight charges. Y Company is not liable.

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