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Job work - piece rate basis

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..... Sir, Ser.Tax Dept.has issued a show cause notice undated received by my client A on 30/09/09 by speed post in which dept.blaimed that A have intentionally and willfully suppressed the fact of rendering taxable serviced to B. Brief Facts : A is doing Job of Powder Coated Paints on Geysers and Blades of B in B's Premises alongwith his labour and painted goods is either used in the final product or s .....

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..... old by B but only after payment of duty .Dept.stated that during AGCR AUDIT the observation of the auditors that it is a case of labour supply hence they issued a notice calling the specific details from A . A has submitted all the details asked for i.e.copy of ledger ,Form -16 A ,Bank Statement ,Copy of ITR's and Copy of Bills raised during 3 YEARS. BILLS was printed as "JOB WORK ONLY " and the p .....

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..... ayment was also made only after completion of painting pieces and confirmation from the quality department only.A has never supplied labour for various manufacturing activities for B as stated in the notice but he alongwith his labour done the specific jobs.A has submitted all the details asked by the AC and appeared personally as required . My question is that whether it is a case of labour suppl .....

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..... y when B has given specific job to A .B has also submitted his reply to AC that he has given specific job to A on piece rate basis only. Later on the AC has also writter a letter to his authority stating that it is a case of Job Work and not a case of Labour Supply unofficially seen by the consultant (myself). Now he is blaiming and issued a show cause notice which is undated ? they also demanded .....

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..... for four year 05-06 ,06 -07 ,07-08 and 08-09 u/s 73 (1) when A has not mislead any information from the dept. ? I will be highly oblidged if any one can give clarification on the issue arise . Thanking You , BAL KRISHAN GARG my e-mail id : gargbk2001@yahoo.com - Reply By Rama Krishana - The Reply = Since you have received the show cause notice, you should reply the SCN carefully. Department is fo .....

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..... llowing the AGCR audit observations but you can seek the copy of letter written by AC through RTI. I hope matter would be settled in due course from appropriate forum in your favor. - Job work - piece rate basis - Query Started By: - BAL KRISHAN GARG Dated:- 1-10-2009 Service Tax - Got 1 Reply - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Ma .....

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..... nagement India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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