TMI BlogService tax Implication on Storage chargesX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir, We have paid Monthly cold storage charges to party, he was not charge any service tax, he is not Service tax registered party, Is it we need to pay the service tax to the Government for those storage charges, Pls clarify, - Reply By MARIAPPAN GOVINDARAJAN - The Reply = He may be within the threshold limit to register with the service tax department. If service tax is not levied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the service provider it is his botheration to meet the consequences. - Reply By Ganeshan Kalyani - The Reply = Prima facie the responsibility of service tax to charge, collect, and pay it to the Govt lies with the service provider. Only those services which falls under reverse charge, The service receiver is liable to pay the tax. Service receiver for other than reverse charge applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e service can not be held responsible. - Reply By YAGAY AND SUN - The Reply = Storage and warehousing of agricultural produce covered by Negative List 66D (d) (v). All storage covered whether cold storage or otherwise. Non agricultural produce storage liable to service tax @ 14%. 2. Storage of rice and cotton covered by entry no. 40 of Mega Exemption Notification . Exempted. 3. Jaggery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , cereals and copra could be considered agricultural produce if no processing undertaken to make them marketable other than for primary market. 4. If providing both taxable and exempted services, follow rule 6 of cenvat credit rules for reversal of credit attributable to exempted service. - Reply By Ganeshan Kalyani - The Reply = The rule does not say that if service provider does Not pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y service tax then the recipient become liable to pay the tax due. So the receiver is not responsible to track whether the provider has discharged his liability or not. - Reply By Ganeshan Kalyani - The Reply = The scenario in GST regime will change a lot. The recipient of service will not be granted credit unless the provider of service pay his tax dues. - Reply By Ganeshan Kalyani - The Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y = Then the recipient task would increase to track whether the service providers has done his compliance correctly. - Reply By Ganeshan Kalyani - The Reply = With respect to the responsibility that has been cast upon the purchaser / service receiver to ensure that the supplier / service provider has paid the tax collected, I am of the view that the authority should check these compliances. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dealers would like to concentrate on development of his business rather than ensuring the complaince of the counter part. I have expericend that the department officials do check with the dealers whether those dealers have paid their taxes or not. I have seen Assistant Commissioner/ Deputy Commissioner do call the dealers under their jurisdiction and enquires whether the tax dues were paid o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r not. They also ask for future payments to quantify approx. In line with this i am of the view that departmental officials should ensure whether the supplier/ service provider has complied or not. - Reply By Ganeshan Kalyani - The Reply = I have elaborated the discussion to put in more views and thereby to share knowledge. Thanks. - Service tax Implication on Storage charges - Query Started ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... By: - Balamurugan R Dated:- 30-9-2016 Service Tax - Got 8 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
