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serivice tax on railway contractors., Service Tax

Issue Id: - 106816
Dated: 20-5-2014
By:- NITIN GARG

serivice tax on railway contractors.


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Dear Sir

One of my client (Company) is railway contractor. He get "work contracts" done for Indian railways. Further his company gives contracts to transports and labour  for above aid works. Now i want to know that is on the basis on reverse charges service tax is chargeable on these transport and contractors or not. Please clarify.

Thanks

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1 Dated: 22-5-2014
By:- Madhukar N Hiregange

The principles of interpretation under ST are clear that even though the main service maybe exempt, the subsidiary and separate services would not be considered exempt.

However a sub contracting of the Works contract itself would also be exempt.

GTA + supply of labour if any could be liable on RC/JC depending on the actual terms of the contract.


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