Service tax on employer accepting notice pay

760 views 5 replies

Whether service tax is applicable on employer accepting notice pay/ bond money under the term declared services u/s 66E(6)

Replies (5)
Anything paid by the employer to employee as per the employment contract will not be covered under the service tax. Hence the other way round also should not be taxable

I disagree with Praveen on the same logic.

 

Since, services provided by an employee to employer is specifically excluded from the definition of Service, the other way round would not be excluded.

 

Secondly, Mr. Aggarwal, I believe you are right in stating that it is ‘an act of tolerance’ by allowing the employee to leave early. Hence, it shall be taxable.

Dear vikas sir,

I would like to know that under which catagory the compnay is liable to pay service tax ?

if the employer accepting the notice pay, so it is terms & Condition of appointment letter.

And i think any sum paid by the emploer to Employee is the part of salary, income for employee and exp. for emploer.

 

1) Since, there is no specific service category for such service, as the same was not taxable earlier, the Service tax shall be payable under ‘Other taxable service’ category; 2) Even though the notice pay is as per the agreement between the employee and the employer, the flow of service is from employer to employee. Only service provided by an employee to an employer is not taxable. [Refer 65B(54)]

I am in complete agreement with CA Vikas Viswakarma Ji. However, some experts have the different view on the ground that the service is directly in relation to the employment and in the course of employment. But, again in my view, the service of 'act of tolerance' is from the employer to emplyee and consideration is received by the employer and hence the same is taxable.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details