20 September 2013
GOOD EVENING SIR, WE HIRED A BUS OWNER/CONTRACTOR FOR OUR STAFF.THEN SIR MY QUESTION ONLY THAT WILL WE DEPOSIT SERVICE TAX 40% BEHALF OF HIM.IF HE NOT REGISTER UNDER MOTOR VECHILE ACT
20 September 2013
You can not pay service tax on behalf on a service provider. You have to pay your portion of service tax under RCM and service provider has to discharge his liability himself
20 September 2013
yes sir as per reverse charges 1-in respect of service provided or agreed to be provided by way of renting or hiring any motor vehicle act designed to carry passenger on abated value . then we will deposit 100 % service tax behalf of him 2-non abated value then 60% by service provider and 40% by us
1. service provider to pay 12.36% on 40% of the value and not to take any CENVAT credit, and 2. service recipient has a choice to pay 12.36% on 40% of the value and not to take any CENVAT credit or pay service tax @ 40% of 12.36% on full value if availing CENVAT. (in this case on difference in amount of tax for recipient of service) B. If abatement is not taken
1. service provider to pay service tax @ 60% of 12.36% on full value , and 2. service recipient to pay service tax @ 40% of 12.36% on full value
disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case
23 September 2013
BUT SIR IF SERVICE PROVIDER IS NOT REGISTERED UNDER RENTING AND MOTOR VEHICLE ACT. THEN STILL WE WILL DEPOSIT SERVICE TAX 40% BEHALF OF HIM.
23 September 2013
You are not liable to pay his part of service tax even if he is not registered. It is non of your responsibility to see whether the person is registered your not.
disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case
23 September 2013
In the notification it is no where mentioned about the liability of the service recipient to pay the portion of the service provider.
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