Service tax on commission paid to individual

Queries 1437 views 2 replies

Dear Members,

We are SSI Pharma manufacturing companies making supplies to different state govt departments under Rate Contracts(tenders). We are paying all Excise duties and taxes as applicable and availing Cenvat credit.
As we are making supplies to various states, to monitor issues like submitting required documents, looking after the shipment and stock entries, bills, reports, to follow-up of payment and other related works, we authorize a local person(free lance laisioners) in every state of business.

We pay each person of differnt state Rs.1 to Rs.9 laks per year after deducting TDS basing on the sales turnover.
Instead of claiming the same work in our books as Commission Head, we filed as Recovery charges Head as per auditor Advise.

Now we need to know whether is it liable for to pay Service Tax on the paid amount, and if so whether it is the laibility of payer or receiver. Your valuable suggestions are requested

Thank you.

Kishore.

Replies (2)

For business support or commission the provider is only liable. The basic exemption of 10 Lakhs is available to the service providers.

Yes, reverse charge is not applicable in your case. The service provider is liable to pay service tax, if any, and you are not liable in any way.


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