Sub contractor's liability of service tax

This query is : Resolved 

25 November 2011 Sir I am confused that the liability of service tax is applicable if the main contractor paid the service tax.

for example

M/s xyz received a contract of construction of office building from GAIL India Ltd amounting Rs. 100 lacs & claiming service tax on 33% value of contract. M/s xyz collect service tax & paid the same. if M/s xyz sub contracting the same work to the M/s ABC than M/s ABC liable to pay service tax on same service.

26 November 2011 Yes ABC also Liable Though CENVAT can availed duly.



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