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SERVICE TAX ON WATERWAY TRANSPORTATION OF GOODS

Debtosh Dey
Service tax on waterway transportation clarified: notified inland projects and foreign bound vessels excluded, coastal carriage remains taxable. A 1620 km stretch of the Hooghly-Bhagirathi-Ganga is notified as Inland Waterways. From July 2012, six notified inland water projects and vessels arriving from or departing to foreign ports are excluded from service tax on carriage of goods, while coastal movement remains taxable. Customs duty applies to import freight including barge freight, with eligible Cenvat credit on the CVD component. Service tax also applies under Port Services to vessel loading/unloading, stevedoring, demurrage and customs house agent services. (AI Summary)

SERVICE TAX ON WATERWAY TRANSPORTATION OF GOODS

  1. Stretch of 1620 Kms from 2.5 Kms downstream Sagar(Haldia) to 2 Kms upstream Sangam(Allahabad) in Hooghly-Bhagirathi-Ganga national waters, is notified as “Inland Waterways” under IWAI Act (effective from ’86). The project includes ‘fairway’ for sea-going vessels upto Kolkata under KoPT, dredging, broadening, new terminals, 24×7 navigation, tourism, new lock-gates, pollution control, etc.
  2. Six such projects under IWAI and other navigable inland waters within States notified under IV Act, are excluded from Service Tax for goods carriage from Jul’12. Also, vessels coming to India or going out are excluded. Only coastal movement of goods attracts tax [Note : Earlier, all waterways (inland, national and coastal) were taxed since Sep’09 barring some food items, medicines, petroleum, jute, yarn, etc. Subsequently, tax was abated by 25% from Mar’11. With Negative Listing and ‘Point Of Service’ Rules, w.e.f. Jul’12, service tax now stands amended as aforesaid].
  3. Customs duty is attracted on import freight including barge-freight. Importer can avail Cenvat on CVD element, if eligible.
  4. Service tax is attracted on vessel loading/ unloading, stevedoring and demurrage under “Port Services” as also on CHA service.

Debtosh Dey, M.Sc (Engg), FIE, C.Engg(I), FCMA, FCS, LL.B.

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