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Whether service tax payable or not?????


01 January 2013 If the Employer deducts TDS on Labour charges under section 194C and issues a TDS Certificate for the same to the employer, then is the Employer liable to pay Service Tax on the same??.If Yes then on What Amt???If No then who is ultimately liable to pay service Tax??

01 January 2013 Is there any employer employee relationship between service provider and receiver??

02 January 2013 yes....that is why the TDS is being deducted.
Instead of Salary, Labour Charges are being paid.thats it..


02 January 2013 Service tax is payable by employee if the value of servies exceeds Rs. 10 lakhs.
Employer is liable under reverse charge if it is works contract even if the value does nt exceed Rs. 10 lakhs in the year.

Further, it is not covered under negative list since service is not provided in course of employment.

02 January 2013 k it means the direct answer to my first question is yes..even though the TDS is deducted,then also the employer has to pay service tax.Right???



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