St liability under reverse charge by sr discharged by sp

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 September 2015 HI,
My client(Pvt co ) has availed Security services from an agency ( Sole prop)
from the year 2012 since then the agency has been raising the bill on my company for entire service tax portion and we have been paying him the amount.
The security agency has been remitting the amount towards government .
Recently during Excise audit , Superintend of Excise had pointed out that 75 % of service tax portion was to be paid by service reciever under reverse charge //
Now my query is Will the company be treated as in Default for not paying 75% portion or can i argue that Service liability for 12.36% was paid by service Provider
Kindly advice

Harshal Fifadra

Harshal Fifadra (Expert)
Follow

14 September 2015 Your company will be treated in default since your company is specifically liable to pay tax under section 68(2) . The primary liability is of your company. Discharge of the liability by the service provider is a mistake of service provider.

Message likes : 1 times

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

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Vishnu Agarwal

Rajat Khandelwal

Anurag Sharma

Suranjan Das

Sanoj T

Subscribe Now

St liability under reverse charge by sr discharged by sp

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Accountant

GST CONSULTANCY

CA Final

GST CONSULTANT

Senior Executive

Manager- Finance and Compliance