We have contract for industrial cleaning & estate maintenance of factory, such contracts includes supply of manpower for the execution of works as defined in the contract indirectly. Kindly suggest us will these contracts be covered under Reverse charge service tax method (i.e. supply of manpower).
05 October 2012
Plese verify whether the workers are working as per instructions of the service recipient , if so this contract is covered under Supply of manpower services and Joint charge shall be applicable.
18 October 2012
The test to be conducted here is that whether the manpower so supplied by you are working under Payroll of your organisation or your Client organisation. If the people so employed to do the required service are on your Client's role, then its not a case of RCM and you would be getting only a commission as part of organising this activity. If the people so being worked there in your client place are in your Payroll and they are working according to your instructions or under your direct supervision/control and you would also be billing your client with a break up of their Salary Cost, plus your mgt fee and tax thereon, then you are a manpower supply contractor and consequently RCM applies
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