Can Service Tax registered Trader avail GTA input

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....an Service Tax registered Trader avail GTA input<br> Query (Issue) Started By: - Mathurthi RamKumar Dated:- 9-9-2015 Last Reply Date:- 13-9-2015 Service Tax<br>Got 5 Replies<br>Service Tax<br>Dear All, Greetings of the day. Kindly give the clarifications for below points. One of the Trader have S.Tax reg.No and doing commission business. He collects S.Tax on commission and paid taxes. Can he avai....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l cenvat input on freight (GTA) payments? Newly S.Tax registered transport agency (Partnership firm) can collect S.Tax on LR's? Can transport agency avail input services amounts? Regards M.RamKumar Reply By Rajagopalan Ranganathan: The Reply: Sir, A trader can only pass on the duty paid on the goods dealt with by him and is not expected to pay any duty on the goods dealt with by him. Therefo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re he cannot avail any credit of duty paid on inputs or input services. Reply By Rajagopalan Ranganathan: The Reply: Sir, Regarding second part of your query, according to rule 4B of Service tax Rules, 1994 a GTA (Goods Transport Agency) is required to issue consignment note. If the transport agency is not issuing consignment note but issues only lorry receipts then it cannot be treated as GTA ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and the service provided by it is not liable to service tax. Reply By PARTHASARATHY V: The Reply: Dear Ram, Trading is exempted services, even if the services involved GTA Services which is not eligible to take service Tax credit, but service relating to BAS is eligible for taking cenvat credit. Hence you are not entitled to take credit for the GTA services relating to Trading Services. Reply....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... By KASTURI SETHI: The Reply: Regarding reply of first query, I agree with Sh.Ranganathan. W.r.t. reply to 2nd query, I would like to mention that even if consignment note is not issued but actually GTA service has been provided it is taxable and ST has to be paid. Consignment note is requirement of Service Tax law and for this lapse the defaulter is liable penalty. Reply By YAGAY AND SUN: The R....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eply: If there is no requirement to issue consignment note then there would be no service tax applicable on such transactions.<br> Discussion Forum - Knowledge Sharing ....