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paresh zatakia (Querist)
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02 October 2010 Dear Colleagues,

One dealer doing works contract had contract where there was no material involvement, therefore he paid service tax @12.3% & did not pay MVAT.
The contracts were under verbal order.

Now business audit has started,, A.O. is asking to produce works order to prove that there was no material involvement, and if we do not produce works order, he will treat as contacts with material.

How far he is right? Can’t we say that if you doubt, cross check with parties whether it
Was contact with or without material?

Regards
c.a.paresh zatakia

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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02 October 2010 My view, A.O is right, how we can justify without W.O. the contract without material, otherwise the bill which you have raised can be producedm if the A.O accpet

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