Exemption
This query is : Resolved
06 October 2012
Dear Friends,
My client is having contract with govt. bodies for construction. So he is not liable to service tax as per notification of exemption.
But my question is can he claim exemption for paying Service Tax on the services received by him for this contract??
Reply me as soon as possible with particular notification or circular.
Thank you.
My client is having contract with govt. bodies for construction. So he is not liable to service tax as per notification of exemption.
But my question is can he claim exemption for paying Service Tax on the services received by him for this contract??
Reply me as soon as possible with particular notification or circular.
Thank you.
07 October 2012
If each project is divided into several sub projects and each sub project is assigned to sub contractors who provides services INDEPENDENTLY, then exemption can be claimed.
And in your question it seems that there is lack of independence for the sub contractors as they are just providing services to the main contractor. Hence exemption cant be claimed.
And in your question it seems that there is lack of independence for the sub contractors as they are just providing services to the main contractor. Hence exemption cant be claimed.
07 October 2012
Only the sub contract of the work per se would enjoy the exemption. All other input services would be laible.
08 October 2012
so if contractor enters into agreement for providing service then he can claim exemption & if only service received then he cant claim exemption.
am i right?
am i right?
09 October 2012
Yes you are right....
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