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Service Tax - Highlights / Catch Notes

Home Highlights October 2024 Year 2024 This

Sub-contractors liable to pay Service Tax even if main ...


Main contractor paying tax doesn't absolve sub-contractors from Service Tax liability post circular.

Case Laws     Service Tax

October 26, 2024

Sub-contractors liable to pay Service Tax even if main contractor pays tax on entire amount after 23.08.2007 circular, earlier confusion on issue. Appellant entered agreement in 2004, main contractor paid Service Tax, appellant did not pay as sub-contractor. No suppression of facts or intention to evade tax established. Extended period limitation demand not sustainable. Remanded to calculate normal period liability, if any. Appellant liable for Service Tax and interest for normal period. Demand for extended period set aside, appeal allowed by way of remand.

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