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Thirty Party service Provider are liable for service tax or not.. ?, Service Tax

Issue Id: - 110944
Dated: 22-9-2016
By:- AMIT GUPTA

Thirty Party service Provider are liable for service tax or not.. ?


  • Contents

Dear Sir,

My Question is If company have get the order of 20,025,00/- Twenty Lac Two Thousand Five Hundred only

1500 M2 x 1335/- = 2002500/-

Terms & Condition :- Inclusive of Sales Tax & Installation charges (service tax on installation)

Now we issue the Tax/Sale invoice to Buyers inclusive of tax. or installation done by other party which is paid by me. and other party not paid the service tax.

so my question is Can we are liable for service tax or not.

Kindly suggest me.....

Regards

AMIT GUPTA

Posts / Replies

Showing Replies 1 to 7 of 7 Records

Page: 1


1 Dated: 22-9-2016
By:- Rajagopalan Ranganathan

Sir,

If third party provided the service of installation then he is liable to pay service tax. You are not liable to pay service tax.


2 Dated: 22-9-2016
By:- YAGAY AND SUN

Please check the provision of subcontracting in this matter on VAT and Service Tax. Through the terms used in the contract we understand the sub contract was given to a third party by your company.


3 Dated: 23-9-2016
By:- MARIAPPAN GOVINDARAJAN

The points raised by Yagay and son are to be considered.


4 Dated: 23-9-2016
By:- AMIT GUPTA

Sir,

I know sir, service tax Liability is third party But third party is less than 10 lac turnover of service.

In the purchase order mention clearly installation charges inclusive the rate of sale value. means we are service provider for installation.

As per your suggestion we are liable for service tax. I am right sir,


5 Dated: 23-9-2016
By:- AMIT GUPTA

sorry typing mistake,

As per your suggestion the company is not liable for service tax which is service provide.

Third party is liable for service tax.


6 Dated: 23-9-2016
By:- Rajagopalan Ranganathan

Sir,

If the invoice issued by the service provider includes the machinery supplied and installed by him, then it will become works contract service and you have to pay 50% of the service tax and the service provider will pay the remaining 50%. As per Sl. No. 9 of Notification No. 30/2012-ST dated 20.6.2012 as amended " in respect of services provided or agreed to be provided in service portion in execution of works contract", 50 % of the service tax is to be paid by the service receiver and remaining 50% is to be paid by the service provider.


7 Dated: 24-9-2016
By:- Ganeshan Kalyani

In case of works contract service the service tax (determination of value) rule shall also apply.


Page: 1

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