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Service tax on labour charges

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Querist : Anonymous

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Querist : Anonymous (Querist)
13 January 2015 A Cooperative Society engaged in transportation of goods by road and already paying service tax towards freight paid, has incurred expenses regarding Labour Charges (Paldari) for loading and unloading of transported goods.

Please tell me Service tax implications on these labour charges for handling, that is any service tax liability arises for cooperative society on such payment and also abatement and exemptions thereof.
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CA Prince Wadhwa

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CA Prince Wadhwa (Expert)
13 January 2015 As prima facie it seems that there is no employer-employee relationship between labour and Cooperative society;
it is recommended to kindly refer reverse charge mechanism NOTIFICATION NO-30/2012-SERVICE TAX.as this might be covered under Manpower supply.
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Rupesh Jain

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Rupesh Jain (Expert)
14 January 2015 if labour are come through contractor then contractor charge the service tax.
otherwise not required.
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