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suggestion on service tax on purely labour contract at airport, Service Tax

Issue Id: - 106496
Dated: 6-2-2014
By:- sushil kumar

suggestion on service tax on purely labour contract at airport


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i am working in pvt ltd. company as Accounts Manager, please help me that whether   service tax  is applicable on labour work providing (glass fixing,installation) as labour contractor for   at Airport  and we have received the  labour contract  from Parth facade  pvt ltd (Main contractor )  for the f.y.2011-12  whether  Service tax exempted or not ...? 
or it will under manpower supply 
 we have not taken the service tax registration  because we are under imprecision that our service is exempted 
  if service tax is applicable then to what extent it is applicable (i.e)
1.whether interest is applicable .....?
2.whether penalty is applicable .......?
3.whether there is penalty for non filling for service tax return from (1.4.11 to till date)......?
4.have we get any relaxation from service tax department if we pay the service tax stating the real fact ....? 
4.have any possibility that the liability transferred to the main contractor .......?

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1 Dated: 6-2-2014
By:- Pradeep Khatri

First of all if you have crossed the threshold limit then you were under obligation to ge the registration certificate from the service tax department.

Being a sub contractor you were also liable to charge the service tax while providing output services to main contractor.

If the main contractor pay the tax on your behalf then you are not liable to pay the tax.

It is advisable that you must seek Registration under the Finance Act, 1994 and pay your all statutory dues without any further delay.


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