Menu
Can service provider under rcm opt to pay service tax himself ?
We have a GTA where they dont charge service tax on their bills. But they send us letter saying that they pay their service tax regularly and hence we, being service receiver are not required to pay the same again.
I wanted to know is there is any provision where a service provider under RCM can opt to pay the service tax himself rather that the serrvice receiver. ?
Replies (1)
The GTA in my view may not be paying ST. If paying he should charge in his bill and declare that he is paying.
The option to pay ST by GTA is only when he supplies ot the individual or govt- unspecified persons. I presume this case is a company/ regd partnership in which case he should not pay.
However if there is proof that he the GTA has paid a legal defense ( dispute may take place) on no requirement to pay as it would amount to doubkle payment could be taken and has been taken in a few cases years back.
Related Topics
CAclubindia
