Applicabality of service tax provisions

This query is : Resolved

BAL KRISHAN GARG (Querist)
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02 October 2009 Sir ,
A is my client and is doing job of powder coated paints on body of geysers and fan blades on the material / sheet /body provided by B in the premises of B and the work has done with his labour . The billing was made against painted piece on monthly basis . Calculation of bill will depend on the completion of no.of pieces of painted goods and subject to quality confirmation.A and his labour was given a specific job of painted and the work was specified .
Here the Service Tax Dept.is trying to treat it as a labour supply case instead of Job work under Business Ausiliary services .
Whether the department can do so while all documents relating to the issue have been submitted to the concerned division.There is no material found either in A's record or enquiry from B which can proof that it is a labour supply .Although B has also confirmed that A is doing painting job on piece basis on the material provided by us.

I will be highly oblidge if anyone give the clarification on the issue .
Thanks ,

my e-mail id : gargbk2001@yahoo.com

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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03 October 2009 If the documentation is clear that the responsibility for the work is with your client the same cannot be considered as labour charges at all. It is approrpiately classifable under BAS and exemption under 8/2005 can be claimed.