Manager (Indirect Taxes)
821 Points
Joined January 2011
Any type of supply of labour is covered under Manpower Recruitment or Supply Agency's Service [Section 65 (105) (k) of Finance Act, 1994 as amended].
There may be two cases:
1. The most common one is that the supplier of labour is claiming exemption as Small Service Provider, where he is not required to charge & pay Service Tax upto the gross receipt of Rs.10 lakhs in a year. If that is the case, question of charging service tax won't come in your case.
2. If there exists a direct employer - employee relation between you & the labourers working for you.
But as the supplier of labour is charging a bill, it seems that case two is not applicable in your case. Please enquire the labour supplier on case one.