Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Publish Date: 12 May, 2007
Print   |    |  Comment

LEVY ON GOODS TRANSPORT AGENCY: - TOTAL CONFUSION

LEVY ON GOODS TRANSPORT AGENCY: - TOTAL CONFUSION
The recently introduced service tax on “Goods Transport Agency” is creating a lot of confusions. It will be very difficult to implement it in absence of clarification. Otherwise, it will lead to undue litigation. The points of confusion are discussed below: -
 
  1. Confusion of Responsibility: -The responsibility to pay service tax is on consignor or consignee when they fall in the specified categories. Otherwise, the responsibility shifts on the transport agency. The agency has to write in the consignment note the person liable to pay the service tax. It will be very difficult for the transporter to collect details of payer of freight for each such consignment more particularly when the liability is on the consignee. Suppose an agency books a consignment from Delhi to Hyderabad and the freight is to be paid by the consignee. Then the transport agency sitting in Delhi should know whether the consignee is proprietor or partnership firm so that he can mention in the consignment note about person liable to pay service tax. The agency will like to pay the service tax instead. But the rule does not provide such option to the transport agency. This will give rise to litigation.
  2. Payment of service tax on receipt basis: -The Service Tax Rules provide for the payment of service tax on receipt basis. When the responsibility is on the transport agency to pay service tax, it is very difficult for the agency to pay on such basis. The consignment note is prepared at the place of origin and payment is to be made at the time of delivery by the consignee. The tax is to be paid at the time of receipt of freight from delivery point to the place of origin or at the time of receipt at the delivery point itself. Secondly, the transport agency has to sort out the consignment falling under his responsibility and then to look for its receipt. Thereafter, pay the service tax. It is cumbersome job. The regular account with the parties creates more problems. He has to see which consignment is paid when consignee makes a lump sum payment.
Suppose, a transport agency does not have office at the place of destination then he hand over the goods to other transport agency. Who will pay the service tax? Whether the agency that has raised the consignment note or the agency that has received the payment? In such a situation, payment of service tax at the time of raising of bill itself is simple solution.
 The payment of service tax on receipt basis by consignee or consignor is also a problem. The consignor or consignee has to pay the tax when the payment is made to the agency. But it will not be acceptable to the department. They will insist on payment of service tax in the month when the bill is received.
 
  1. Delivery charges: - Normally a transport agency charges extra delivery charges, loading and unloading expenses from the customer at the time of delivery of goods. These are not included in the consignment note. The service tax liability occurs on the same. But the delivery office will not pay the tax on the same, as they have not raised the consignment note. Secondly, in case change of transport agency, the agency receiving the payment will pay the service tax even though he has not issued the consignment note for such consignment. This needs immediate attention.
 
  1. Preparation of Consignment Note: -Notification requires that the transport agency should write the goods carriage number in the consignment note. But when the small consignments are received then the agency keeps the goods in godown and put them in the truck when the complete truck load is available. Sometimes it takes weeks altogether to complete a truckload for small consignments. As such it is impossible to mention the vehicle number at the time of booking of consignment note. This condition should be dispensed with.
 
  1. Sale in Transit: - When a consignment note is booked by the transport agency in name of specified person as consignee then the agency mentions the liability of the consignee in the consignment note. The consignee sales the goods to a non-specified person before these goods reach the destination. This sale is known as Sale-in-transit and approved under the Sales Tax Laws. Who will bear the responsibility of the service tax? The original consignee has not paid the freight and new consignee is not liable to pay the service tax. The Transport agency can not bear the same from his pocket.
 
  1. Endorsed Bilty: - It is normal practice in textile industry that the goods are delivered unsold to the transport agency. When the goods are sold at the place of destination then the consignment note is endorsed to the consignee. He takes the delivery and pays the freight. Suppose the consignee is a specified person in such sale. In such cases, who will pay the service tax? If the transporter pays the service tax and consignee is a specified person then the department will not accept the same, as the option is not available with the transporter to pay the service tax. But the agency can not forgo the liability, as he does not know the consignee at the time of preparation of consignment note.
 
  1. Absence of Transport Agency: -The next point of confusion is whether the service tax is payable when the goods carriage owner directly takes the goods from the consignor and no consignment note is issued. No transport agency is involved for this consignment. No service tax will be payable as the tax is on the transport agency only. But this position will endanger the very existence of the transport agencies. In case of full truckload, everyone will prefer the direct delivery because it will extinguish their tax liability.
 
These all confusion points need immediate attention for smooth implementation of this new levy. In absence of the same, this complicated levy will have the same outcome as earlier had. It will be withdrawn in next budget.       

--------------------------------------------------------------- 

 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com