Servicetax applicability

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This query is : Resolved

CA Kalpesh Patel (Querist)

28 October 2014 I have done a labour work on behalf of builder and received a sum if rs 49 lakhs after tds deduction in the previous year now I want know whether .... 1. service tax is applicable..? if yes than what should I do? as it is clearly mention in our invoice that all govt. tax will bear by builder himself. 2. VAT applicability..? our job is without material work.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)

28 October 2014 The service done by you is either 'Construction of Residential Complex Service' or 'Works Contract Service'.It is taxable under ST Act.As the receipts exceed Rs10 lakhs you are liable to register.If the builder makes TDS as per reverse charge mechanism(for corporate bodies only),yet you have to file quarterly tax payment,after deducting tds, and half yearly return. For this purpose you have to apply for registration by filing ST-1 online with documents. You may take the help of ST return filing agents.You may enquire about these agents near ST Commissionerate or other offices.There will no VAT liability and no need to register under VAT laws....mjk

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