Service Tax on Temporary staffing srvices

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Hi,

I am Hari Shanker.R - Partner TARGET HR CONSULTING SERVICES We provide Temporary staffing and permenant staffing services. We have entered in to an agreement with a leading FMCG co for providing temp staffing services.

The cost and revenue details are worked out here

Amount Recovered from the client (Per candidate)     : Rs 4,200

Amount of CTC (Per candidate - Including PF & ESI) : Rs 3,945

(Rs 945 is the both Employees and Employers contribution of EPF and ESI)

Margin (Per Candidate)                                                    : Rs    255

What is my Service TAx Liability: I presume that it is 12.36% on Rs 255.

Can i deduct the expenditure such as Salary of Rs 3000 + EPF & ESI (Statutory dues) of Rs 945 and pay Service tax on Rs 255 alone.

As i am a "PURE AGENT" (Myself - TARGET HR) of the receipeint of the sevice (FMCG Company). Since the payment made by the Service provider (Myself) on behalf of the receipient of service (FMCG co) has been separately indicated in the INVOICE issued by me tothe client.

Expecting your reply. I need to take a call on the proposal. Please help

Regards

Hari Shanker.R - hari.targethr @ gmail.com

Partner - TARGET HR CONSULTING SERVICES

+91-9176690012

Replies (1)

Whether you can derive the benefit of being a pure agent would depend on various factors such as

1. Wherther any prior agreement to act as pure agent exits or not ?

2. Whether liability of making payment ot the staff is yours or the companys? If it is your liability then you are not a pure agent.

and such other factors.

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