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levy of stax, Service Tax

Issue Id: - 111321
Dated: 5-1-2017
By:- varun grover

levy of stax


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sir one of my client is doing job work for other manufactures in uttranchal which is covered under 2f (ii) defination of manufacturing under excise act, however the same has been exempted due to special tax exemption given to state of uttanchal.

my question is whether service tax would be attracted in above scenario.if company ia doing job work by providing service by labour and their machinery..there plea is tha due to specified point given in mega exemption 25/2012..stax would not be attracted where is excise ia levied..bt however they are enjoying exemption on such excise.pls refer me any related case law if any

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1 Dated: 5-1-2017
By:- KASTURI SETHI

Exemption from ST on job-work is available if CE duty on final product is paid. It is conditional exemption. In the example cited by you ST is payable. Prior to 1.7.12, this condition was in force vide Notification No.8/2005-ST dated 1.3.2005 as amended vide Notification No.19/2005-ST dated 7.6.2005 (Now rescinded).


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