Raja Abhishek For NIRC 2024
about 2 months ago
ššš¦š§šš§ ššµš²š»š»š®š¶ š„šš¹š¶š»š“ š¼š» š¦š²šæšš¶š°š² š§š®š š®š»š± šš§š š¦š²šæšš¶š°š²š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šæšš¹š²š±: "The appellant, having only collected actual freight charges without any additional margin, is not liable for Service Tax under GTA services, as no extra charges were levied beyond reimbursement."
š šš®š°šš: šš¼šŗš½š®š»š: M/s. Jetway Forwarders Private Limited ššššš²: The appellant, a Custom House Agent, received a Show Cause Notice demanding Service Tax for allegedly providing Goods Transport Agency services by collecting freight charges. The Additional Commissioner confirmed the demand with interest and penalties under Sections 75, 77, and 78, asserting that tax was owed on these charges.
āļø ššš±š“šŗš²š»š: The Tribunal ruled that M/s. Jetway Forwarders Private Limited was not liable for Service Tax under GTA services, as it only collected actual freight charges as reimbursement without any profit margin. The absence of additional charges led to the dismissal of the Service Tax demand, following prior appellate authority findings.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Jetway Forwarders Private Limited vs. Commissioner of Central Excise š¦š²šæšš¶š°š² š§š®š šš½š½š²š®š¹ š”š¼. 40493 of 2014 š¢šæš±š²šæ šš®šš²: 18 August 2023 š This ruling confirms that Service Tax on GTA services is not applicable when a CHA collects only the actual freight charges without any markup, as these are deemed pure reimbursements without taxable service components.
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