Query on service tax

1534 views 3 replies

 

Respected All,

Please help me out providing solution in the following case –

A is the manufacturer of Spices which is an Excisable Zero rated products vide Tariff Item No. CH – 0903.10. A, sometimes, gets the manufacturing done through job work by B in it’s premises, a proprietorship organisation not having any Service Tax registration,

The job work is divided in 2 phases –

1. Grinding of Raw Material issued by A resulting in Half Dust (Semi Finished Material) and sending it Back in such semi finished stage to A;

2. Grinding of Raw Materials and Packing of such semi finished goods into deliverable Finished Goods (Final Product) using Packing Material issued from A and thereafter sending it back to A.

The whole process is undertaken by B using the Machines provided by A in the premises of B.

The processing charges paid to B are more than Rs. 10.00 Lacs per annum.

Now the queries are –

  1. Whether any Service Tax liability attracts on B for such processing work?
  2. If the answer to 1 is in affirmative and since B is not registered, whether the liability falls back in the hands of A?

Thanks and regards,

Kingshuk Dhar.

 

Replies (3)

HI

In my Opinion the service undertaken by B,amounts to Manufacture. (I am not 100% sure, could some one confirm this).

on question 2, the service tax is to be collected by B (service Provider) and remitted to Dept, No liablity on A (service Receiver)

Activity in my opinion performed by B does not amt to mfg as no distinct marketable product is created... since the service tax is not paid by B, A should discharge the liability...

Hi,

I have paid service tax for the month of July,2012. after doing all the adjustment (Serive Tax payble - Service Tax Paid, ST Amount from Bills received from Service provider) now client has decline the bill amount and therefor the Service tax amount was also change.

Please help me how can make the adjustment becuse cenevat credit amount is changed, could my company is liable to pay penalty interest for less payment ?

Waiting for your reply,

Thanks 

 


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