Service Tax applicablity on freight

[Arun Kumar Soni]

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......

[SHIVKUMAR SHARMA]

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

B No.

[KASTURI SETHI]

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

[YAGAY andSUN]

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

[KASTURI SETHI]

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

[Ganeshan Kalyani]

Gst is paid by the person paying freight amijnt.

[DR.MARIAPPAN GOVINDARAJAN]

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

[Ganeshan Kalyani]

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

AI Summary

Liability for freight services lies with the person who pays; no GTA threshold exemption under reverse charge. Liability for tax on freight services rests with the person who pays freight to the transporter; reimbursement by a recipient does not transfer primary liability. If the transporter charges GST, reverse charge is not triggered; where RCM applies to goods transport services, no general threshold exemption removes the payer's liability. Reimbursement with TDS does not change the position; post-GST practice places liability on the payer of freight.