service tax not charged
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
22 March 2010
Dear Sir,
What will happen if a labour contractor gross receipts exceeds rs 10 lakh in which tds has been deducted but no service tax is charged in bill,so no service tax deposited.How he will file return for a.y.2009-10 in such case .please reply immediately
What will happen if a labour contractor gross receipts exceeds rs 10 lakh in which tds has been deducted but no service tax is charged in bill,so no service tax deposited.How he will file return for a.y.2009-10 in such case .please reply immediately
22 March 2010
From your question it not clear whether you are contractor or you are paying to contractor, let me explain in both ways :
Contractor: If you are contractor and not charging service, you have to do back calculation on the received amount and then pay service tax and interest on late payment, and on this delayed amount you may be caught for penality..
Payer to contractor: You need not to anything, you are right at your stand. What's your fault it the contractor has not levied service tax on service rendered to you. So no consequences in this case.
Contractor: If you are contractor and not charging service, you have to do back calculation on the received amount and then pay service tax and interest on late payment, and on this delayed amount you may be caught for penality..
Payer to contractor: You need not to anything, you are right at your stand. What's your fault it the contractor has not levied service tax on service rendered to you. So no consequences in this case.
CA Ashok Kumar Sahu
(Expert)
22 March 2010
AGREED
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