Service tax-work contract

This query is : Resolved

Rahul Gupta (Querist)
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14 March 2014 Dear sir,

Whether the company will be liable to pay service tax under reverge charge, even if the service tax is not charge by service provider in his bill of work contract? what if he do not mention his ST Reg. no. in his bill?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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15 March 2014 The company is liable to pay service tax under reverse charge IRRESPECTIVE of:

1. The service provider has NOT charged service tax in his invoice (because his turnover does not exceed Rs. 10 lakhs)

2. The servie provider is NOT registered under service tax (because his turnover does not exceed Rs. 9 lakhs)

The liability of the service provider and the service recipient are distinct and separate from each other.

The liability of the service recipient is NOT dependent on the liability of the service provider.

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