|
|
![]() |
|
|
Service Tax on Goods Transport payable on 25 per cent of Freight Amount
Alarmed by thousands of Show Cause Notices issued by service tax department for demand of service tax on 100 per cent value of freight paid to Goods Transport Operators denying the benefit of Service Tax Notifications 1/2006-Service Tax & 32/2004-Service Tax; CBEC has vide an Order No.5/1/2007-ST dated 12th March 2007 issued under Section 37B of Central Excise Act has clarified as under: “These notifications exempt taxable services from so much of service tax as specified therein, irrespective of the person made liable to pay service tax. It is, therefore, clarified that any person who is made liable to pay service tax, while discharging service tax liability on such service, is entitled to avail of the benefit of exemption in terms of aforesaid notifications No 32/2004-ST, and No. 1/2006-ST, subject to fulfilment of the conditions prescribed therein by adopting the procedure prescribed vide para-31 of circular No. B1/6/2005-TRU, dated 27.7.2005. The procedure prescribed is that a declaration by the service provider, in all such cases, on the consignment note, to the effect that the conditions of the aforesaid exemption notification have been satisfied, would be sufficient for availing of the benefit under the said notifications. Opinion of Law Ministry has also been sought in this matter. Law Ministry has concurred with the above views of the Department. Therefore, in all such cases, where the above procedure has been followed, no demand notice may be issued on the basis of objection raised by the C&AG office, and all pending matters may be decided accordingly. Past instructions, circulars and orders on the issue stand suitably modified. “ ( Click here for Section 37B Order No.5/1/2007-ST )
|
|
| Copyright ©
2006 allindiantaxes.com | All rights reserved website designing India & CMS development: Softlogics & Developments |