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TMI Blogapplicable of service taxX X X X Extracts X X X X X X X X Extracts X X X X ..... applicable of service tax X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of there goods and tds will be deducted under sec.194 The payment received from party to me fully on my account and from that i paid to owner driver of truck. my question is that the diffence of margin is act as commision to me or not and i have fully authority to change my rate as per my accordingly. sholud i cover in defination of GTA (GOODS TRANSPORT AGENCY) by fulfillment of condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. whether differnce of margin act as commission on which service tax is liable. AS per sec. 68 REVERSE CHARGE MECHANISM TO ME AS I PROVIDE SERVICE TO PVT .CO. I received a notices from Service tax officer said that margin for me is commission and we are liable to pay servicce tax on it. AS per Intermediary defination by Rule 2(f) IT EXCULDED ME i only providing main service of transportatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of good to service to consignor and consignee on my account as firm name. Reply By KASTURI SETHI: The Reply: Have you received a Notice or simple letter ? Reply By Rajagopalan Ranganathan: The Reply: Sir, In my opinion the difference in margin earned by you is commision and the same is for providing business auxiliary service or business support service to owner/driver of the truck. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the demand made by the Department is correct. The service tax on GTA service provided by you will be paid by the consignee of the goods under reverse charge mechanism. Reply By mitesh dutt: The Reply: Hallo Kasturi Ji, i have a question, my company is a franchise solution provider, we have a client which is a Singapore based company which has an Indian establishment as well, we are raisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng a invoice on that company, they are asking can we raise invoice on name of their Indian establishment, they want service tax to be charged. everything is fine however they want invoice should be in USD. is it possible to raise invoice in USD by an Indian company to another Indian establishment? Reply By KASTURI SETHI: The Reply: Sh.Mitesh Dutt ji, Singapore based Co. is Head Office or Main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Company and in India they have a branch office and this branch office is working for and on behalf of their Main Company based in Singapore. Write both addresses on the invoice. First Branch Office and Second Head Office based at Singapore. In my view invoice in USD can be issued. Invoice should be addressed to both as under:- Billed to Singapore based Co. Complete address Service Provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Branch Office of Singapore Co. (Complete Address in India) Service Tax should be paid. Foreign exchange should come in India. Any further query. Post separately in this forum. Reply By Gaurav Agrawal: The Reply: i m issuing consigment note and goods by transport by road. Reply By KASTURI SETHI: The Reply: Sh.Gaurav Aggarwal Ji,. In my view you are excluded from the definition of 'In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termediary' in the situation described by you. It is profit and not commission. Hence out of purview of ST. Regarding GTA service ST is to be paid by the person who pays freight. Reply By Gorantla Bhaskar Rao: The Reply: Dear sir, I am also of the opinion that the difference of margin is a profit to you and applicability of service tax does not arise in the said scenario. You being propriet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orship concern providing service to body corporate, the reverse charge mechanism is applicable and the consignee i.e. pvt.ltd company is liable to pay service tax. I agree with the views of Shri Sethiji. Reply By KASTURI SETHI: The Reply: Beautifully explained by Sh. Bhaskar Rao Sir. I also thoroughly examined the issue and the situation before posting the same in this forum. I consumed too much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time to understand the issue. Thanks to Sh. Bhaskar Rao Sir for liking my reply. Reply By Gaurav Agrawal: The Reply: thank you for replying me. sir there was any case or judgement there by those preference i will help to explain the fact of officer regarding my case that it is not treated as my commission but it is my business profit. Reply By KASTURI SETHI: The Reply: When law is very much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clear, why do you want to take shelter of case law. If you purchase and sell any goods and earn margin and account for in your accounts, that margin is profit. If you do not purchase any goods and facilitate in causing the sale by connecting two persons and sale proceeds are not accounted for in your accounts and margin accounted for in your accounts is commission. This is difference between the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo terms. However, I shall trace out case law if there is any and post the same on this forum.
Reply By Gaurav Agrawal:
The Reply:
thankyou sir X X X X Extracts X X X X X X X X Extracts X X X X
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