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Works contract

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Querist : Anonymous

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Querist : Anonymous (Querist)
27 November 2017 We have paid 2% service tax on a works contract provided to a Municipal Corporation which is exempt under Notfn.25/2012-ST. The department is demanding 4% and asking us to pay the differential service tax. Is there any case law which says that differential tax cannot be demanded since the service itself is exempt.
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Vishakha Kejriwal.

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Vishakha Kejriwal. (Expert)
28 November 2017 In case you have not collected service tax, the Department is erred in demanding service tax for a service which is exempt.
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Querist : Anonymous

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Querist : Anonymous (Querist)
30 November 2017 Thanks but is there any case law in this regard




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