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service tax on professional services

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(Querist)
09 October 2009 Dear Sirs,
we are paying Rs. 20,000/ - per month to a person to whom we treat as a consulting Engineer( he is working under a contract as a ficilitator ). Since his total gross amount is not exceeding Rs.10,00,000/ - in a year but we are deducting service tax from his payment everymonth.
Plz advise whether we should deduct service tax from his salary or not.
Thanks and Regards,
Ramesh
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sunny bansal

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sunny bansal (Expert)
09 October 2009 there is no statutory requirement on your side to deduct service tax from that person salary . it should be his duty to charge service tax if he under the perview of service tax.
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Nischint Kumar Somani

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Nischint Kumar Somani (Expert)
09 October 2009 if some one is providing consultancy services than he has to charge service tax in his bill amount service tax is payable if amount exceeds exemption limit, in ur case as the same don't exceed he need not to charge service tax
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