GOODS TRANSPORT AGENCY

[Asked by Guest]

We are registered under service tax category of Goods Transport Agency. We have received service tax notice from department that submit excise number/service tax numbers of consignor or consignee who have discharged service tax liability. We want to know that once we have selected in LR that service tax shall be paid by Consignor or Consignee, is it our responsibility that we have to inquire that whether they have paid service tax or not and have to obtain their service tax or excise number...??

Kindly guide us that what steps we have take.....???

[KASTURI SETHI]

Dear Querist,. No doubt it is duty of consignor or consignee. Your jurisdictional Range Officer can ask for documentary evidence from you, being registered as GTA. You may collect the docs from consignor or consignee. There should be no problem. It is convenient for jurisdictional Range Officer. Otherwise also legally you are bound to produce the requisite information. You must be filing NIL ST-3 return and the department can ask for the basis of filing NIL return.

[Ganeshan Kalyani]

Yes, it is general practice of the department to call for such detail. You may furnish such detail. Thanks.

Yes i agree with.....But we have details of LR and invoice copy in which it was mentioned that who will pay service tax and also address of consignor and consignee along with contact number mentioned. So it would be sufficient if we furnish that details.....??? Because many parties do not providing said details....

[KASTURI SETHI]

Yes. These docs are sufficient. The department would confirm from them.

[YAGAY and SUN]

For safeguarding the revenue, the Revenue Department has all the power to get enquiries conducted and issue notices/ call all stake holders.

AI Summary

GTA liability information: must retain and produce consignor and consignee tax details when tax is payable by them.
Where an LR/invoice allocates payment of service tax to the consignor or consignee, the Goods Transport Agency must collect and retain LR and invoice copies, contact and address details, and any tax registration numbers of those parties, and produce these documents to the tax authorities on demand; the GTA must also file ST-3 returns (including NIL returns) supported by the basis for such filings.