Hello Sir, I was providing man power service to a company under labor contract. I was paying the service tax on the service charge that I charged to the company. Whatever I recieved as salary for the employees has been paid to them. No service charge were collected from the company on the salary, PF and ESI. The period of contract was 2005 - 2008. I have filed IT returns showing all the money recieved are paid to the labours. I have not charged or received any service tax on the salary of the labours. I got show cause notice from central excise charging the service tax on the entire sum that I recieved from the company and also the penalty. The company supported me to file a appeal in Tribul with their lawyer. The tribunal passed a miscellenous order to pay 50% of the service tax and to proceed with appeal. Suddenly, the company had taken back its lawyer and denying to carry the case forward. I am now completely abondaned.
Is there any chance to bill the company for the service tax which have not charged them earlier? Please help me with your expert knowledge.
CAclubindia
