Service tax reverse mechanism

This query is : Resolved

Sushil Kumar Shaokand (Querist)
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05 May 2014 Hello Experts.
Can you please clear the concept that,
If my Company (Pub Ltd) receiving Security services of a No-Company entity.

Provider can Levy & deposit all 12.36% ST or it is mendatory to deposited 25% of 12.36% by him and rest by our company

CA Ravi Kumar Murugesh

CA Ravi Kumar Murugesh (Expert)
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05 May 2014 Security service is brought under partial reverse charge mechanism vide Notification No. 45/2012-ST dt. 7th August, 2012 under the category of supply of manpower or security service. In terms of the definition inserted vide Notification No. 46/2012-ST dt. 7th August, 2012 "security services" means services relating to the security of any property, whether movable or immovable, or of any person, in any manner and includes the services of investigation, detection or verification, of any fact or activity.
On this service, 100% tax is on service recipient only under reverse charge mechanism.

Sushil Kumar Shaokand

Sushil Kumar Shaokand (Querist)
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05 May 2014 Hello Sir.
My query is that:
If Service provider seeks to deposit 100% service tax in good faith.is it possble.

Vidya Jain

Vidya Jain (Expert)
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06 May 2014 Mr. Sushil,

The liability on the service provider is to pay 25%. It is advisable to pay as per statutory obligation.

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