Liability of service tax

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..... Liability of service tax
Query (Issue) Started By: - Paresh Zatakia Dated:- 18-6-2009 Last Reply Date:- 20-6-2009 Service Tax
Got 2 Replies
Service Tax
Dear Colleagues Mr.A,Mr.B,Mr.C,& Mr.D entered into a joint venture for a setting up an I.T.Park. Mr.C,& Mr.D prematuredly rertired from the J/V.At the time of retirement Mr.A,Mr.B paid lumpsum consideration of Rs.50 lacs to Mr.C.They m .....

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..... entioned that amount included amount payable to Mr.D. Mr.C paid Rs.20 lacs to Mr.D towards his share in retirement consideration of Rs.50 lacs.There is written document which mentions this fact.But Mr.C while making payment deducted TDS Under Section 194J. Querry Mr. D has an apprehension that since TDS has been deducted,service tax may be leviable. Infact the amount he received is towards his sha .....

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..... re in retirement consideration of the Rs.50 lacs. Is Mr.D liable to pay service tax on Rs.20 lacs he received towards his share in retirement consideration of the Rs.50 lacs ? Regards c.a.paresh Zatakia Reply By Rama Krishana: The Reply: I think the action of Mr. C is totally wrong. He has received an amount of Rs. 50 lakhs as lump sum including the share of Mr. D. This facts is in writing, thus .....

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..... the amount received by Mr. C is in the capacity of agent only. An agent who receives an amount on behalf of any other person, is not supposed to deduct TDS when he is remitting the same to such other person. Moreover, the amount paid by Mr. C to Mr. D is not in the nature of fee for professional or technical services. Therefore, the action of Mr. C is totally unjustifiable. Reply By paresh zatakia .....

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..... : The Reply: Dear Sir, My querry is wheether service tax is applicable or not? regards paresh zatakia
Discussion Forum - Knowledge Sharing .....

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