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 –
- Whether any Service Tax liability attracts on B for such processing work?
- 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.