party dont raised service tax
This query is : Resolved
CA. SUNIL KR. KHANNA
(Querist)
11 April 2009
If a party raises commission bill without raising service tax on it, whether the company making payment is liable to deduct service tax and pay to the authority.
Ram Avtar Singh
(Expert)
11 April 2009
No, service tax bill to be raised by commission agent after crossing limit of service tax.its not libility of payer of exps.
Akalesh S Rawat
(Expert)
11 April 2009
Yes. but subjected to TDS Rule. The rule for TDS applicability and Service Tax is different.
Regards,
Regards,
CA. SUNIL KR. KHANNA
(Querist)
11 April 2009
pl tell me whether a company making payment of commission say 10 lacs but the commission agent has not charged service tax , is there any liability on company in respect of service tax?
CA. B.SRINIVASULU
(Expert)
11 April 2009
You have to deduct tds on the bill amount. Here since one bill itself is crossing the basic limit you can ask your commission agent whether the bill is correct in all respects. If they say yes then you can deduct tds for the bill itself and forget about the service tax.
Shyam Lal Naik
(Expert)
12 April 2009
Service tax in the situation is the liability of the commission agent. The service receiver is not liable in any manner.
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