Man power supply

This query is : Resolved

Rajkumar Gutti (Querist)
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06 August 2015
Dear sir

Mr.A are in the business of poultry & having a poultry shed.In Mr.A's poultry
shed total 100000 chicks out of 100000 chicks
50000 chicks are "B"Pvt.Ltd.Pvt. For looking after all chicks Mr.A appointed his labour.
All labour/staff exp.are divided by Mr.A & Mr.B Pvt.Ltd. according to their chicks quantity ratio."B" Pvt.Ltd.paid their portion of wages/staff exp.to Mr."A" by account payee cheque. ( Mr."A" is a proprietor & B is a Pvt.Ltd. company)

In above is "B" Pvt.Ltd.is liable to service tax under Manpower supply.

You are requested to guide me.

Thanking You,

Regards
Rajkumar Gutti

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 August 2015 Yes B is liable to service tax under RCM for manpower supply.

Amol S Joglekar

Amol S Joglekar (Expert)
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06 August 2015 The agreement between Mr A and B pvt ltd will play a DECISIVE role in determining whether or not the service tax is applicable.

As SEETHARAMAN has pointed out, B pvt ltd is liable for Reverse Charge Mechanism.

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