Service Tax Circular
No. 95/06/2007-ST dated 11.6.2007
Difficulties being encountered by Goods Transport Operators in complying with
the provisions of ST
Rule 4B of Service Tax Rules prescribes that any 'goods transport agency'
providing service in relation to transport of goods by road in a goods carriage
shall issue a consignment note to the customer. In terms of this rule, the
"consignment note" means "a document, issued by a goods transport agency against
the receipt of goods for the purpose of transport of goods by road in a goods
carriage, which is serially numbered, and contains the name of the consignor and
consignee, registration number of the goods carriage in which the goods are
transported, details of the goods transported, details of the place of origin
and destination, person liable for paying service tax whether consignor,
consignee or the goods transport agency".
2. The Road Transport Agency Association has informed that it may not always be
possible for goods transport agency to mention truck No. on consignment note in
respect of small consignments, i.e., consignments that are less than a truck
load. In such cases, the transporters have to wait till they accumulate a truck
load of small consignments for a particular destination. Further, at times some
consignments are shifted to other trucks in accordance with the business
exigency. These factors make it practically impossible to know the registration
number of the truck transporting a particular shipment at the time of booking of
cargo.
3. The matter has been examined by the Board. As stated, in case of small
consignments, it would not be feasible to mention truck No. on consignment note
as the truck No. may not be known at the time of booking of cargo. Therefore, in
respect of small consignments, where truck number is not known, an endorsement,
i.e., "truck number not known" may be made on customers copy of consignment
note, against the entry for truck No. As and when the truck No is known, the
goods transport agency shall make an entry of trucks No. in their copy of
consignment note to satisfy the requirements of said rule 4B and also for any
future reference. Similarly, in case of transshipment of goods, the goods
transport agency would make entry of such transshipment, in their copy of
consignment note. For example, if goods moves from Delhi to Agra, and is
transshipped there for further movement to Mumbai, the goods transport agency
would mention in his copy of consignment note, against vehicle No. as " ( i)
Delhi to Agra: Vehicle No.- XXX (ii) Agra to Mumbai : Vehicle No.- XXXX ". This
would satisfy the requirement of the said rule 4B.
4. Trade and field formations may be informed accordingly.
5. Hindi version will follow.
F.No. 137/89/2007-CX.4
(Gautam Bhattacharya)
Commissioner (Service Tax)
ieport.com - India's Premier portal on Service Tax matters