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Service Tax for Man Power Supply

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..... Sir, Am a Man Power Supplier for Tamilnadu Government departments. I have Annual Turnover of around ₹ 10,00,000 PA. Who will pay the Service Tax? Me(SP) or Tamilnadu Government(SR)? - Reply By KASTURI SETHI - The Reply = You will pay ST because Service Receiver is not a business entity body corporate. Secondly please ensure that you are actually Man Power Supply Agency as per erst .....

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..... while definition under Section 65(105)(K) of the Finance Act. - Reply By Ganeshan Kalyani - The Reply = I agree with the views of Sri Kasturi Sir. Further the service is not enumerated in exemption notification. - Reply By Himansu Sha - The Reply = Also the small scale exemption to be considered - Reply By Pon Ramar - The Reply = Am Supplying Man Power for Madurai Corporation and Mi .....

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..... lk Producers Cooperative society. Should i pay Service tax? If i should how much should i pay? - Reply By KASTURI SETHI - The Reply = Both are not body corporates. Hence 100% liability of ST on you. - Reply By Pon Ramar - The Reply = Sir, But the Government pays only limited wages for the employees. Still should the Service provider pay 100% Service tax? - Reply By KASTURI SETHI - The Rep .....

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..... ly = No link with limited wages of employees. There is no doubt that liability of ST is cast on you. - Reply By Pon Ramar - The Reply = Sir Till 2012 the service provider should pay 25% and service Receiver should pay 75%. After that according to Reverse charge Service receiver should pay 100%. When did it become 100% for Service provider? - Reply By KASTURI SETHI - The Reply = RCM is ap .....

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..... plicable only when Service Provider is Individual/Partnership/HUF/Proprietorship firm etc. and Service Receiver is business entity registered as Body Corporate. Even now 100% (w.e.f 1.4.15) ST is to be paid by SR if receiver body corporate. In your case SR is not body corporate so 100% liability on SP w.e.f. 1.4.15. Had you provided manpower to Ltd. Company, BSNL etc. they would have to pay 100% .....

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..... ST and NOT you. You are required to pay ST because you are not eligible for the facility of RCM. - Reply By Pon Ramar - The Reply = Am an Individual Labour Contractor (SP) providing Man Power Supply for all Government departments (SR). In such case who should pay the Service tax? - Reply By KASTURI SETHI - The Reply = As already explained, Govt. department is not body corporate .....

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..... , so liability is on individual labour contractor. - Reply By Gorantla Bhaskar Rao - The Reply = Dear sir, As you are providing service to non-body corporates, RCM is not applicable and you being the service provider are liable to pay 100% Servcie tax on the taxable value of services. The views expressed by the experts are absolutely correct and you have to follow accordingly. - Reply By KAST .....

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..... URI SETHI - The Reply = Best option is to treat the gross receipts as cum-tax as provided under Section 67 (2) of the Finance Act . Govt. would not pay or reimburse the amount of ST to be borne by you. There is no other any sort of relief in terms of ST law. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = For a query lengthy discussions are going on giving a clear picture. Superb. - Rep .....

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..... ly By Rakesh Chitkara - The Reply = Nowhere in the world, experts reveal all. They disclose only barely sufficient for the client yo visit office of expert, pay the fee and get comprehensive advise. Querist here have got full knowledge absolutely FREE. Compliments to experts from me. - Reply By KASTURI SETHI - The Reply = Sh.Rakesh Chitkara Sir,. Thanks for recognition and compliments. Recognit .....

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..... ion from such a highly qualified, talented and knowledgable person is an appreciation certificate for the experts on this forum. Knowledge must be shared otherwise it would rust. All the experts share their knowledge sincerely in the interest of trade and industry. They serve to their best capacity. Credit goes to TMI who has given us such platform. - Service Tax for Man Power Supply - Query St .....

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..... arted By: - Pon Ramar Dated:- 25-4-2017 Service Tax - Got 16 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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