Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Service tax liability - Proportionate amount

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Service tax liability - Proportionate amount
Query (Issue) Started By: - raghu Dated:- 24-10-2007 Last Reply Date:- 29-10-2007 Service Tax
Got 1 Reply
Service Tax
We are providing C&F ser .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vices for our clients who are manufacturers of Fertilizers. We are registered with the Service Tax under “C&F” “Cargo Handling” and “Storage & ware housing services”. We provide Loading/ Unloading of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the fertilizers from railway wagons (Cargo Handling), store the same in my warehouses (Storage & ware housing) and dispatch to clients. As per our agreement we charge them for each of the services ren .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dered by us on at a specific rate(M T basis) but not on commission basis. The Department has issued Show cause notice to us to pay service tax on the Gross amount charged/received by us. Since we are .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... basically C&F agents we are of the view that we are liable to pay service tax on the net amount (i.e. amount received as per agreement less actual expenditure incurred by us like loading, unloading, g .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o down rents and other expenditure) as it is the net amount which is our commission. We request you to offer your valuable suggestion/case laws in this regard. Reply By daya shankar: The Reply: The a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mount of service tax was paid on the amount received regarding 'C&F Agent Service'not on the amount which is reimbursable by the princpal. Related cases-(i) 2007(6) S.T.R. 389 (Tri-Bang.) (ii) 2006 (4 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ) S.T.R. 103 (Tri-Bang.)
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates