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Service tax on employer accepting notice pay

U.S.Aggarwal (Others) (24 Points)

27 May 2014

Whether service tax is applicable on employer accepting notice pay/ bond money under the term declared services u/s 66E(6)

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5 Replies

praveen (Chartered Accountant) (6971 Points)
Replied 28 May 2014

Anything paid by the employer to employee as per the employment contract will not be covered under the service tax. Hence the other way round also should not be taxable

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Vikas (CA) (1135 Points)
Replied 28 May 2014

I disagree with Praveen on the same logic.

Since, services provided by an employee to employer is specifically excluded from the definition of Service, the other way round would not be excluded.

Secondly, Mr. Aggarwal, I believe you are right in stating that it is ‘an act of tolerance’ by allowing the employee to leave early. Hence, it shall be taxable.

ASHISH (ACCOUNT ASST) (74 Points)
Replied 29 May 2014

Dear vikas sir,

I would like to know that under which catagory the compnay is liable to pay service tax ?

if the employer accepting the notice pay, so it is terms & Condition of appointment letter.

And i think any sum paid by the emploer to Employee is the part of salary, income for employee and exp. for emploer.

Vikas (CA) (1135 Points)
Replied 05 June 2014

1) Since, there is no specific service category for such service, as the same was not taxable earlier, the Service tax shall be payable under ‘Other taxable service’ category; 2) Even though the notice pay is as per the agreement between the employee and the employer, the flow of service is from employer to employee. Only service provided by an employee to an employer is not taxable. [Refer 65B(54)]

Manoj Agarwal (Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com) (3456 Points)
Replied 07 June 2014

I am in complete agreement with CA Vikas Viswakarma Ji. However, some experts have the different view on the ground that the service is directly in relation to the employment and in the course of employment. But, again in my view, the service of 'act of tolerance' is from the employer to emplyee and consideration is received by the employer and hence the same is taxable.