TMI BlogSUB CONTRACTOR RECEIVED SCN FOR NON PAYMENT OF SERVICE TAXX X X X Extracts X X X X X X X X Extracts X X X X ..... ONE OF MY CLIENT RECEIVED SCN CONTAINING AS A SUB CONTRACTOR PAYMENT RECEIVED FROM PRINCIPAL CONTRACTOR FOR CONSTRUCTION OF PETROL PUMP WORK INCLUDE 10% OF MATERIALS AND 90% IS MAN POWER. I WANT TO KNOW HOW I REPLY SCN WITH CASE LAWS. - Reply By Shilpi Jain - The Reply = If its a for payment of service tax, is it not time barred? - Reply By KASTURI SETHI - The Reply = Pl. elaborate your query. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Reply By javed bhakhrani - The Reply = ACTUALLY ONE OF CLIENT RECEIVED SCN INCLUDING PROVIDING CONSTRUCTION SERVICES TO PRINCIPAL CONTRACTOR FOR MAKING PETROL PUMP WORK, I WANT TO KNOW ANY REMEDIES AVILABLE TO US FOR OFFICER CAN DROP OUT PROCEEDING OF THIS MATTER, ANY CASE LAWS RELATING TO THAT FOR OFFICER DROP OUT PROCEDING AND CLIENT DONT WANT TO PAY TAX - Reply By KASTURI SETHI - The Rep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly = Dear Javed Bhakhrani, Any agreement executed between main contractor and sub-contractor ? ? Pl. confirm. - Reply By javed bhakhrani - The Reply = NOT HAVE ANY CONTRACT BETWEEN TWO PARTIES IN WRITTEN - Reply By KASTURI SETHI - The Reply = Then what is documentary evidence to the effect that your client was sub-contractor during the relevant period ? - Reply B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y javed bhakhrani - The Reply = NO DOCUMENTARY EVIDANCE EXISTS - Reply By KASTURI SETHI - The Reply = If it is so, how the experts can give fool-proof advice ? There must be some solid basis to get the case dropped. - Reply By javed bhakhrani - The Reply = NOT FOOL PROOFED BUT SOME CASE LAW WE WANT FOR UPTO SOME POSSIBLE EXTENT OFFICER MAY DROP - Reply By KASTURI SETHI - The Reply = You wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll get case laws.First let me know what is the actual issue involved. Has the client raised any bill/invoice in the name of main contractor ? If so, post the description of service/other details mentioned in the bill/invoice.It appears to me two issues are involved. - Reply By javed bhakhrani - The Reply = Client issued invoice that time but currently Dont have any copies of invoices - Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y By Amit Agrawal - The Reply = I would suggest you to consult an expert who will go through entire case and help you prepare arguments on merits and limitations. With limited facts without any supporting documents, without knowing charges made in the SCN and without knowing about limitation aspect etc., it is not possible to give any meaningful suggestion or case-laws in my humble view. - Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y By KASTURI SETHI - The Reply = Dear Javed Bhakhrani, The following case laws are in your favour:- 1.Demand on the basis of 26AS /TDS is not sustainable --CESTAT Ahmedabad in the case of Forward Resources (P) Ltd. Vs. CCE ST - 2022 (7) TMI 716 - CESTAT AHMEDABAD. 2. If sub-contractor pays ST, main contractor will take Cenvat Credit. Situation is revenue neutral---CESTAT Delhi in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Babu Lal Gurjar Vs. CCE, Jodhpur - 2022 (11) TMI 950 - CESTAT NEW DELHI and in the case of RPP Infra Project Ltd. Vs. CCE, Salem - 2022 (10) TMI 582 - CESTAT CHENNAI . All the above case laws can be traced on google. - Reply By PN ELAMPARRUTHY - The Reply = @- KASTURI SETHI SIR WE RECEIVED A NOTICE IN SERVICE TAX FOR MAN POWER SUPPLY TO MANUFACTURING COMPANY... IF SERVI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CE RECEIVED BY AN COMPANY THEN RCM APPLICABLE ? as per notification 15/2015 service tax is it correct sir... - Reply By KASTURI SETHI - The Reply = Dear Querist, You should post independent query against new Issue ID. You will get many opinions on the issue from the experts.. - Reply By KASTURI SETHI - The Reply = Dear Javed Bhakhrani, Feel free to ask any cross-que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry on this issue but full and true facts must be disclosed in order to get correct and concrete reply. It would be in the interest of your client. Pl. note that I agree with the views of Sh.Amit Agrawal, Sir. So come on with true picture and full details. - Reply By Shilpi Jain - The Reply = Also note, mere quoting of a case law may not lead to dropping of demand. So ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as suggested by other experts pls take professional consultation in this regard. - Reply By KASTURI SETHI - The Reply = Yes, Madam. How to fit any case law in the reply to SCN is virtually the art of drafting which cannot be taught here. SUCH drafting is the result of one's education, experience, practice, talent etc. - Reply By THYAGARAJAN KALYANASUNDARAM - The Reply = Dear Sir, As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per my understanding of your case, you are the sub-contractor of main contractor by providing construction service. Please check mega exemption Notification no.25/2012 dated 20.06.2012 serial no.29(h) is fully exempted. - Reply By KASTURI SETHI - The Reply = Yes but exempted only if service provided by the sub-contractor is actually Works Contract Service. On this issue, the department h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as so many legal arrows in its armoury. - SUB CONTRACTOR RECEIVED SCN FOR NON PAYMENT OF SERVICE TAX - Query Started By: - javed bhakhrani Dated:- 17-12-2022 Service Tax - Got 20 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
