Applicability of service tax
This query is : Open
pranab sarma
(Querist)
20 April 2013
We are engaged in a business of printing of books, calenders, poster, leaflet, journals etc. Now my question is are we liable to pay service tax? Now we are paying VAT only.
CA Vipin Jain
(Expert)
20 April 2013
There is always 2 opinion in such case- First is it is contract of sale and second it is a contract ( or can say works contract). It was always relevant for TDS under Section 194C under Income tax act Many courts has decided it as sale of goods hence no TDS is applicable. and if it is a sale of goods then service tax would also not be applicable.
It need a detailed analysis on case to case basis and in-depth scrutiny of agreement made between printer and the purchase/orderer.
It need a detailed analysis on case to case basis and in-depth scrutiny of agreement made between printer and the purchase/orderer.
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