payment of service tax under manpower supply

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Querist : Anonymous

Querist : Anonymous (Querist)

27 April 2010 Dear All

Kindly suggest me. The our company hired a contractor for supply of manpower in our factory in 2006 and the Contractor did made the bill without charging service tax from us. From 2008, we are not associated with him. the Service tax deptt. make the demand from him for service tax. and in return he make demand from us through legal notice. Kindly suggest us that we are held liable to pay the same amount or not with clarifications.

Best Regards.
Arvind Sharma

Sanjeev Kumar

Sanjeev Kumar (Expert)

27 April 2010 this is based on the Commercial Agreement, if any. but if there is no such type of agreement between parties as per my opinion this claim is not valid(this is my personal veiws)

Querist : Anonymous

Querist : Anonymous (Querist)

28 April 2010 Dear Sanjeev tanks for your valuable reply, our case is similar to case decided bangore bench for temporary workmen CESTAT, SOUTH ZONAL BENCH, BANGALORE as on https://www.taxmann.com/TaxmannFlashes/flashbn27-1-10_4.htm . but we can do now.

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