Service tax demand was made on a subcontractor for services ...

Subcontractor Exempt from Service Tax for SEZ Services; Responsibility Lies with Main Contractor for Required Declarations.

November 11, 2024

Case Laws     Service Tax     AT

Service tax demand was made on a subcontractor for services provided in a Special Economic Zone (SEZ), on the grounds that the subcontractor failed to provide declarations in forms A-1 and A-2, and Rule 10 of the SEZ Rules does not extend benefits to subcontractors. However, it was held that the subcontractor cannot be expected to obtain A-1 and A-2 forms, as these are obtained by the main contractor who directly deals with the SEZ unit. The main criteria for granting exemption is that the service should be provided in the SEZ, which was not disputed. Once this fact is established, the service is exempt under Notification No. 09/2009-ST and not taxable u/ss 51 and 26 of the SEZ Act. It is settled that when a subcontractor provides services on behalf of the main contractor in an SEZ, the same is exempt from service tax. Therefore, the subcontractor is not liable to pay service tax.

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