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Service tax on payment of gratuity

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 February 2013 One security comapny has submitted a bill to us for payment of gratuity of there employee(security guard) & also added service tax on the same. Whether it is correct to pay service tax on such payment.
If yes then as per which clause or section we can pay.
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Aditya Maheshwari

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Aditya Maheshwari (Expert)
22 February 2013 I dont think this type of payment like gratuity should be paid by the company to security company in the first place. If u are ready to pay the expenses then the payment would nothing be payment for security and hence taxable under security service.
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GN Patankar

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GN Patankar (Expert)
22 February 2013 Normaly gratuity is applicable after complication of Five years of service of the employee, I dont think that U will be liable for Gratuity because U R not employer,. As far as Service tax is concerned there is no provision in the Rule, Salary ,Wages, Bonus, Gratuity etc etc are not covered.
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