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Liatility of service provider and receiver service

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01 October 2012 Dear All,
We would like to ask that what is the responsibility of Service Receiver in case of Service Tax with respect to payment of Service tax to Government by Service Provider.

IF Service Provider does not Pay Service Tax to Government, then will it be a liability of Service Receiver.
If Service Provider does not Pay Service Tax to Government,then will government will deny service receivers service tax credit even though he has paid full amount with service tax to service provider.

Regards,

Gaurav G Badwe

01 October 2012 The liability is cast on to the heads of service PROVIDER except in the cases of REVERSE CHARGE. follow the link http://www.servicetax.gov.in/notifications/notfns-2012/st30-2012.htm

02 October 2012 Only in those cases where service receiver is liable to pay tax, the service has to ensure the timely payment of tax.

In other cases the service receiver is not concerned whether service provider haspaid service tax or not once the SR has already paid the ST to SP. You can take credit of the same on the basis of Invoice. The defualt is on part of SP


02 October 2012 However, in some cases of REFUND, Service Tax department is asking for proof of payment by service provider; from service receiver.



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