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Subcontracting in works contracts

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(Querist)
06 February 2008 Dear sir

our client is a works contractor. They undertakes major works and some part of the work is subcontracted. Main contractor collects whole amount from the contractee and also collect service tax from the contractee for the whole contracted amount. The subcontractor claims service tax on the bill raised by him.Is there any remedy to avoid the payment of service tax to the subcontractor.
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vinodkumar.

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vinodkumar. (Querist)
06 February 2008
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vinodkumar.

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vinodkumar. (Querist)
06 February 2008 Dear sir

our client is a works contractor. They undertakes major works and some part of the work is subcontracted. Main contractor collects whole amount from the contractee and also collect service tax from the contractee for the whole contracted amount. The subcontractor claims service tax on the bill raised by him.Is there any remedy to avoid the payment of service tax to the subcontractor.
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S.Srinivasaraghavan

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S.Srinivasaraghavan (Expert)
07 February 2008 If the subcontractor is a service provider within the ambit of services notified, there is no way he can avoid rasing the bill with service tax.
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Dayal

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Dayal (Expert)
07 February 2008 The master circular clearly identifies the sub contractor as a service provider, we do not forsee any remedy in the said inquiry
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CA Siddhartha Bhardwaj

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CA Siddhartha Bhardwaj (Expert)
05 April 2012 You have to pay service tax. There is no option available.
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