Service tax-reg. certificate amend

This query is : Resolved 

18 March 2013 Dear Experts,

I am an accountant in a Pvt. Ltd. company. i have following que. please help me...i am asking que. to each experts but everyone cant gate satisfied answers.


Our labour contractor billed to us 100% service tax & fully paid by him. now, auditor telling that pay our part of 75% amount of that. and amend service tax certificate. i was gone to service tax department, they told me for online amendment & submit hard copy for the same. i am confuse now, which service select & how will be payment code ?

Please guide me !!! its a very urgent.

19 March 2013 Please reply !

25 July 2025 Got it, you're dealing with a tricky situation involving **service tax paid by a labour contractor** and now your auditor is saying your company must pay 75% of that service tax and amend the registration certificate accordingly.

Let me break this down for you step-by-step, and clarify what needs to be done for **service tax payment and registration amendment**:

---

### 🔹 Background: Service Tax on Labour Contractors & Your Liability

* If your **labour contractor paid service tax on the entire invoice**, but you are the **principal employer**, under **reverse charge mechanism (RCM)** you may be liable to pay service tax on **75% of the value of the contract services**.
* The contractor pays on 100%, but you pay on 75% (your part), essentially splitting the tax liability.

---

### 🔹 What Is The "Amend Service Tax Certificate" About?

* Your company must **amend the Service Tax Registration** to include the **correct services provided under reverse charge**, if not done earlier.
* This means **adding “Contractor Services” or similar taxable service** to your registration profile.

---

### 🔹 How to Amend Service Tax Registration Online?

**Step 1:** Login to the Service Tax portal:
[https://cbic-gst.gov.in](https://cbic-gst.gov.in) or [https://www.aces.gov.in](https://www.aces.gov.in) (depending on the portal active)

**Step 2:** File an **application for amendment** in Form ST-5 (online).

**Step 3:** You will need to select the **appropriate Service Tax code (service type)**.

---

### 🔹 Which Service to Select?

Since it’s **labour contract services**, select:

* **Service Code 9997** — **“Labour Contract Services”**

* This is the code used to describe taxable services provided by labour contractors.

---

### 🔹 What Is the Payment Code?

For payment, the usual **Service Tax Payment Code (also known as SAC code)** related to labour contract services is:

* **Code 9997** — for labour contract services

When making payment online (challan payment), enter this code under the “Service Tax Payment Code” field.

---

### 🔹 Summary of Actions for You

1. **Amend your Service Tax Registration (Form ST-5 online):**

* Add "Labour Contract Services" (Code 9997) to your registration.
* Submit the amendment and get the acknowledgment.

2. **Pay Service Tax on 75% of labour contract value under reverse charge:**

* Use payment code 9997 in the challan.
* Pay the calculated amount.

3. **Maintain records of payment and amended registration certificate.**

---

### 🔹 Additional Tips

* Keep copies of your contractor’s invoices and payment receipts.
* Cross-check with your auditor the exact amount of service tax payable by your company.
* Always quote your Service Tax Registration Number (STN) while making payments.

---

### If you want, I can also help draft:

* The **amendment application draft** for the portal,
* Step-by-step guidance for the **payment challan** online.

Would that help?


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details