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How to save skin from st liability

CA Final Student (and Trainee Accountant) (373 Points)

28 January 2017

We are an AOP (Service receiver)

Our contractor (Service provider) is providing construction service to us.

RCM not applicable.Contractor is also not charging service tax.

Is there any risk of penalty / interst / bearing ST Liability on us?

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6 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (176838 Points)
Replied 28 January 2017

Has chargable service portion exceeded 10 lakhs? If yes, inform contractor about his liability.

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CA Final Student (and Trainee Accountant) (373 Points)
Replied 28 January 2017

Thanks for the response sir.

Intimated to contractor on crossing 10L.As he doesnt want himself to be registered under ST, he is not charging ST

We are in fear that ST Dept will make us responsible for paying ST, as our contractor has not charged us.

So, we are thinking of obtaining a declaration from contractor, that he is only responsible, in case of future action by department, if any.

Does that declaration will be handy to save our skin?

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (176838 Points)
Replied 28 January 2017

As such your liability would arise only in case of RCM. You cannot be penalize for any default of contractor, but try to convince him about the liability and penalties in case of such default. You may take & keep any such declaration with his PAN and address, which may help you in case of any query.

CA Final Student (and Trainee Accountant) (373 Points)
Replied 28 January 2017

Thanks once again sir.

I am in search of a format /wordings that to be incorporated in letter (declaration from contractor).

Request you to suggest the wordings to be incorporated.

If you have / come across any such wordings or letter format, request you to share with me...

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (176838 Points)
Replied 28 January 2017

You officially write a letter, with the contract agreement/reference no., where in you mention that he is liable to charge ST as the limit of SSP has been crossed. Clarify about your willingness to pay such levies as and when asked, but its not your resposibility/liability, in any case.

Keep a signed copy. See his response.