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Service tax on postage franked

S. Krishnamoorthy - Member Since: Oct 2008
Subject - Service tax on postage franked
This is a strange case. One of my clients is a small mailing agency. It franks the postage (using the licensed franking machines) on the letters of its clients and claim reimbursement of postage franked and service charges for franking in separate bills. Service tax is levied on the bill for service charges while no service tax is levied on the bill for the actual postage franked. The Service tax authorities insist that service tax is due on the amount of postage franked also as it is reimbursed. The postage is defined in the Indian Post Office Act as "Government duty (like Customs duty) for transmitting mail by the Postal Department". In my opinion, no service tax is due on the postage as it is only a government duty (as customs duty). Is my stand correct?
S. Krishnamoorthy
adv.navin - Member Since: Nov 2008
Subject - Re: Service tax on postage franked
Dear Mr Krishna,


As far as my understanding suggests, you are absolutely right. The service tax is leviable on the charges for services only. As the franking charges get remitted to the government exchequer, Service tax cannot be collected on the part of duty.


Regards

Naveen Bhardwaj

9958520123


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