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Service Tax applicablity on freight, Service Tax

Issue Id: - 113852
Dated: 12-6-2018
By:- Arun Kumar Soni
Service Tax applicablity on freight

  • Contents

A private limited manufacturing firm sends its goods to other Pvt. Limited firm. Freight is paid by first private limited, and the said freight is reimbursed by second private limited firm after deducting TDS under section 194C.

(A) who will be liable to pay service tax.

(B) will the general exemption of 10 Lakh be allowed, if yes then how.

Total Amount deducted by second private limited under section 194C is in FY : 26 Lakh

How will exemption of 10 Lakh be allowed, will it be

(i) 26*25% = 6.5 Lakh will is less than general exemption of 10 Lakhs, no liablity to pay service tax.

Or (ii) 26 Lakh - 10 Lakhs = 16 Lakh .. 16*25%*12.36% ....

Pls reply......

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Posts / Replies

Showing Replies 1 to 7 of 7 Records

1 Dated: 13-6-2018

A. Company who Paid the Freight amount to the Transporter.In your case First Pvt Ltd co.

B No.

2 Dated: 13-6-2018

Perfect reply by Sh.Shiv Kumar Dharma, an expert. No threshold exemption to GTA under RCM since its levy.

3 Dated: 13-6-2018
By:- YAGAY and SUN

If GTA charges GST then no reverse charge would be applicable.

4 Dated: 14-6-2018

Yes, Sir. It is also a factual legal position.

5 Dated: 26-6-2018
By:- Ganeshan Kalyani

Gst is paid by the person paying freight amijnt.

6 Dated: 7-7-2018

What is the relevant period? Pre GST or post GST?

7 Dated: 7-8-2018
By:- Ganeshan Kalyani

post gst also, in my view the liability is cast on the person making freight payment.


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