Reverse charge mechanism of service tax

This is regarding the reverse charge mechanism of service tax.The Service Tax notification no.30/2012 of reverse charge mechanism came into effect from 1-7-2012.Our contract is dated 9-7-2012.

As per reverse charge mechanism of service tax,for Work's Contract Service provided by a partnership firm,50% of service tax is payable by service provider and the remaining 50% is payable by service receiver.

Our client(service receiver) has been deducting their liability of 50% service tax from our payments as service tax recoveries.Is the treatment adopted by them valid?why should they deduct their liability from our payments?

Replies (1)
  • If you dont charge service tax- Your question depends on your contract for the said service, If the contract or work order between you and your client is inclusive of taxes then they can deduct 50% of the service tax ....
  • If you charge full service tax- Then also they can deduct 50% of the service tax as you are supposed to charge only 50% of the service tax in the invoice
  • If works contract is exclusive of taxes- Client should not deduct 50% from your payments.

 

 

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