Non compliance of reverse charge provision
This query is : Resolved
10 March 2014
what if the service receiver liable to pay service tax under reverse charge, in case of manpower supply( i.e. 75 %,) does not pay service tax and service provider charges entire 100% tax.
Thanx in advance.
Thanx in advance.
10 March 2014
Dear friend,
The service receiver can not absolve from the statutory liability on account of the fact that the service provider has paid 100% service tax.
The service receiver can not absolve from the statutory liability on account of the fact that the service provider has paid 100% service tax.
10 March 2014
what are the legal repercussions, if you may please cite.
10 March 2014
Legal liability to pay tax 75% os that of service receiver
.
Under reversecharge service provider and service receiver liability is independent
.
Department may ask u to pay ur part of seevice tax ..ur liability cannot come to end assuming ur service provider paid
.
Service provider should charge only his part of liability which is 25%
.
However u can say that there is no revenue loss to dept and it is debatable...
.
So now onwards payservicetax to service provider only to the extent he is eligible
.
.
Under reversecharge service provider and service receiver liability is independent
.
Department may ask u to pay ur part of seevice tax ..ur liability cannot come to end assuming ur service provider paid
.
Service provider should charge only his part of liability which is 25%
.
However u can say that there is no revenue loss to dept and it is debatable...
.
So now onwards payservicetax to service provider only to the extent he is eligible
.
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