Dear all,
One more query w.r.t. GTA. If the GTA is registered under Service Tax. He has collected and paid service tax in the earlier years and now claiming exemption of 8 lacs/10 lacs and he doesn't charge service tax due to exemption. Whether the consignor will have to pay Service tax as service receiver. Will the exemption be denied to GTA which is available for other services.? I have marked CC of this mail to email ID obtained from the website of service tax department. Hope they consider this query and try to take out some time to address the same. Regards, Krishna Khot _____ From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] ] On Behalf Of Paras Chhajed, FCA, Rajnandgaon Sent: 16 October 2008 10:10 To: [EMAIL PROTECTED]; [EMAIL PROTECTED] roups.com; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; chartered_accountant_of_chhattisgar [EMAIL PROTECTED]; [EMAIL PROTECTED] groups.com; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] n; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] roups.com; Indian_Practicing_Chartered_Account [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] oups.com; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] .com; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] .in; [EMAIL PROTECTED] m; [EMAIL PROTECTED] ; [EMAIL PROTECTED]; [EMAIL PROTECTED]; [EMAIL PROTECTED] com; [EMAIL PROTECTED]; [EMAIL PROTECTED]; aaykarbhavan; AHEMDABAD; [EMAIL PROTECTED]; CA Club India; Ca Group DDun.; CA Notes; canews; casGOA; Casofpune; chartered accountant; cvoca; Gcai; ghaziabad; global; H; icai merrut; indianaccountants; indianca; Jaipur CA; kanpur; lucknowca; lucknowca_reinvented lkoca; nextgen-ca; sangli group; [EMAIL PROTECTED]; Solapur CAs Yahoo Group; TALLY - CA; tax; Tax on Click; Tax-Finance; vadodara Subject: SERVICE TAX : GTA : QUERY Dear Colleagues, I have a query with respect to service tax on GTA Service. The facts are as follows: A dealer of ACC cement was receiving goods from ACC factory through a transport agency approved by ACC which has charged service tax on transportation charges, deposited service tax and has file his return of service tax from time to time. The Cement dealer got a show cause notice that he is liable to service tax on GTA service as service recipient as the consignor is a company/factory and therefore he is required to obtain registration and pay service tax from 01.01.2005. The dealer, before the adjudication officer, submitted copies of consignment notes issued by transport agency showing recovery of service tax on freight, copies of service tax challans deposited by transport agency, copies of service tax returns filed by the transport agency and requested that the service tax has already been collected and deposited by the transporter he need not make payment of service tax but the adjudicating officer passed order for recovery of service tax with interest and levied penalty for not obtaining registration etc. The dealer has filed an appeal before the Commissioner (Appeals) Kindly advise as to whether the dealer shall have to pay tax twice without any excuse or since the tax has already been deposited he will get relief. Kindly provide reference to any decided cases in this regard and oblige. Thanks CA. Paras Chhajed -- CA Paras Chhajed FCA, DISA (ICA) Azad Chowk Rajnandgoan 491441Chhatisgarh Ph. 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