28 November 2012
There is Mr. A(Individual) who provides professional services of helping corporates to get approvals in process of construction. He has entered into an contract with Company Z and contract does not mention anything on service tax. 1. Who is liable to pay service tax on such fees. Is it Mr. A or company Z(under reverse mechanism)
2. If Mr. A does not charge the service tax, will company Z still be liable to pay to government
3. IF Mr. A charges the service tax, can company Z refuse to pay since it is not part of the contract.
28 November 2012
01.Mr A is liable to pay service tax on this. 02. Reverse Charge is applicable only in cases referred to in the notification. 30/2012. 03. Company can always go by the contract. Mr A has to shoulder the responsibility of paying service tax.