about srevice tax? plz advice

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

15 January 2010
3) M/s. P & Co. Ltd. is manufacturer of storage tanks made of iron and steel
which is liable for excise duty. M/s. P & Co. Ltd. is registered under Central
Excise and charges/collects appropriate excise duty on the same. M/s. P &
Co. Ltd. have appointed Mr. R, a fabricator to carry out the work of
electroplating on the said storage tanks. The said process of electroplating
does not amount to manufacture within the meaning of Section 2(f) of the
Central Excise Act, 1944 and Mr. R accordingly has charged service tax on
the labour jobwork charges collected from M/s. P & Co. Ltd. M/s. P & Co.
Ltd. is of the opinion that the service tax is not leviable on labour job work of
electroplating done by Mr. R since M/s. P & Co. Ltd. is discharging their
excise liability on final product i.e. storage tanks. Kindly advise Mr. R.

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
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16 January 2010 Please examine the not.8/2005 exempting the processes done under job work for the manufacturer who remove the exciseable good on pyament of duty. In my view not liable.

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