Service tax applicability on notice period unserved

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At the time of Full & Final settlement with my ex employer, they have deducted some amount on account of recovery of shortfall period  ( I served only 1 out of 3 months notice period) and Service Tax @ 12.36% on the recovery amount. I wanted opinion whether service tax is also applicable on the notice period recovery. If not, then what is the remedy, can i claim it back a refund ?

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But service tax is not applicable in case of employer employee relationship. If  they have deducted amount by saying it as a service tax you should claim it back. You may refer definition of service tax u/s 65B(44) of finance act 1994.

 


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