Defination
This query is : Resolved
07 April 2012
Sir,
As per defination of service....
shall not include
- Provision of service by employee to employer in employment..
Whether this relation should directly or it may be directly?
What is defination of service by employee to employer?
Regards,
Priyank Jain
As per defination of service....
shall not include
- Provision of service by employee to employer in employment..
Whether this relation should directly or it may be directly?
What is defination of service by employee to employer?
Regards,
Priyank Jain
CA CS Amit S. Kedia
(Expert)
07 April 2012
The person who is in employment with the employer is not liable for service tax for the servicse rendered by him/her during the employment
CA CS Amit S. Kedia
(Expert)
07 April 2012
Accordingly, there should be contract of employment to exclude him/her from the liability towards service tax.
No indirect way is eligible for exemption.
No indirect way is eligible for exemption.
07 April 2012
Thanks a lot Amit Ji...
Further, if employees of Holding company is working in its Subs. Comp. and getting salary fromm holding company and Holding company is debiting to subs. company for this salary amount.
Whether this transaction will fall under service tax act?
Regards,
Priyank Jain
Further, if employees of Holding company is working in its Subs. Comp. and getting salary fromm holding company and Holding company is debiting to subs. company for this salary amount.
Whether this transaction will fall under service tax act?
Regards,
Priyank Jain
CA CS Amit S. Kedia
(Expert)
07 April 2012
Still, you are receiving the payment from holding company and also, the contract of employment is with holding company only.
You are not liable for any service tax but on other hand, holding company may fall within the ambit of service tax since there is no employee-employer relationship possibility.
You are not liable for any service tax but on other hand, holding company may fall within the ambit of service tax since there is no employee-employer relationship possibility.
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