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Service tax Liability when freight include supply bill, Service Tax

Issue Id: - 110239
Dated: 25-4-2016
By:- vikram singh

Service tax Liability when freight include supply bill


  • Contents

Dear Experts,

kindly guide

there is a Vender/supplier who include freight charges into bill (exclude service tax) of supply. kindly guide can service receiver / consignee be liable to pay service tax or not. mostly service tax (GTA) liability bear by a organisation who pay for transporter.

Regard

Vikram

Posts / Replies

Showing Replies 1 to 7 of 7 Records

Page: 1


1 Dated: 25-4-2016
By:- KASTURI SETHI

You are liable to pay service tax.


2 Dated: 25-4-2016
By:- surya narayana

Dear Friend,

In the trade different practices are in place. One such practice is Consignor pays the freight and includes in the invoice value including ST. This might be because of the Purchase order terms.

In case , if you are eligible for such Service tax paid on the freight, then it is advised to change the Purchase Order terms and ask the supplier to book the consignments on freight "to pay 'basis.

Best Regards

S Suryanarayana


3 Dated: 25-4-2016
By:- Ganeshan Kalyani

The supplier has charged freight on sale invoice. This means that the supplier would have paid freight to the transporter and is now recovering the same from the purchaser. In this case supplier is supposed to pay service tax as he has paid freight amount.

If the supplier is just arranging for the transport then he is not supposed to charge freight on invoice. Instead he should write as to pay basis and then the transporter will issue consignment note in the name of purchaser and purchaser will make the freight payment. And freight will be paid by purchaser.

Based on the above para querist should check the actual background as to who is going to pay freight. Thanks.


4 Dated: 26-4-2016
By:- vikram singh

Thanks to all.

It is observed that service tax will be pay by consigner when they pay for transporter.

please revert, if I am not correct.

Regard

Vikram


5 Dated: 1-5-2016
By:- Ganeshan Kalyani

No you are not wrong.


6 Dated: 1-5-2016
By:- KASTURI SETHI

I agree with Sh.Ganesh Kalyani, Sir. In simple words, who pays the freight should pay Service Tax whether consignee or consignor. A lot of discussion has already been done on this issue in this forum. So no need to further elaborate.


7 Dated: 2-5-2016
By:- vikram singh

Page: 1

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