Service Tax Consultant Rourkela Service
3456 Points
Joined March 2012
The law is clear that if there is Employer - Employee relationship, then service tax is not applicable. The deduction of TDS u/s 192 or 194J could be used as evidence to proof the existance or non-existance of such relationship but the ultimate deciding factor to keep yourself outside the scope of service for service tax purpose is that you must proof that you are getting remuneration as an EMPLOYEE.