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ST liability

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(Querist)
29 September 2010 mr.x ,a service provider who pays service tax regularly,was of the opinion that a particular service was not liable for service tax. he,therefore,did not charge service tax in his bill. he received the bill amount without service tax.how will service tax liability of mr x be determined in such case.
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Rajan Babu

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Rajan Babu (Expert)
29 September 2010
what is the service provided by Mr. X ?
What is his turnover? Details not known!
Firstly, the service tax liability is to be determined. What is the department's stand? Even if he did'nt collected service tax from service receiver, if he is liable to pay s.tax as per law, then he has to pay from his pocket.
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Gagan Agarwal

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Gagan Agarwal (Expert)
29 September 2010 In case the service rendered is taxable, the service provider should consider the consideration received as inclusive of service tax, do a back working and discharge the service tax liability
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