JOB WORK

This query is : Resolved

BAL KRISHAN GARG (Querist)
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03 July 2009 I would like to thank you to all of you particular mr.RAJESH who have given a clear details regarding my case .now the development of the case is in my favour which i like to share with all of you .
Facts were : my clients were doing job work on piece basis in a factory owner on his material but the auditors of AGCR has issued a memo and ultimately refer the case to Ser.Tax Dept. and blaiming that they are providing labour to the factory so it will come under manpower's clause the proceeding of the case run in Asst.Comm.office and all the details provided ultimately he wrote reply to his authority that we have examined the related records and documents of the parties and we are of opinion that they are doing job work and not suppling any labour to the factory owner.
I want to know that letter from Asst.Comm. have been writter on 30th June,2009 whether is there any super authority is available in the hands of auditors / excise team even after finding of Asst.Comm.of Service Tax which he submitted to the AGCR AUDITORS VIA PRESCRIBED CHANNELS .
I will be thankful to all of you .

Regards ,

BAL KRISHAN GARG
my e-mail ID : gargbk2001@yahoo.com

Rajesh Kumar

Rajesh Kumar (Expert)
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08 July 2009 Knowledge is power. Whenever any issue arise, one should examine the issue and take appropriate legal action.
AGCR audit, popularly known as CERA audit, raises an objection. After the ojection is raised, the department communicate the ojection to you and you can file reply to the objection. If department is not satisfied with the reply, they issue a show cause notice. When the law is in your favour, in course of time issue is decided in your favour once and for all.