Service tax on works contract under reverse charge mechanism

Queries 948 views 2 replies
MR X IS A INDIVIDUAL CONTRACTOR.HE ENTERED INTO A SUB- CONTARACT WITH L&T FOR LABOUR WORK.HIS RECEIPT WERE AS FOLLOWS :
 
APRIL TO   JUNE 2013 - Rs1400940/-
JULY TO SEPT-2013 - Rs1300113
OCT TO DEC2013   --- Rs 329846
JAN TO MARCH 2014 -Rs801789/-
 

REVERSE CHARGE MECHANISM IS AVAILABLE TO MR X NOW CALCULATE SERVICE PORTION OF THIS WORK CONTRACT.

Replies (2)

Assuming that you are providing your services in respect of original work,you are entitled for abatement and taxable value will be 40% of the total amount.Your liability will be 50% of the taxable amount.

If Mr X has only supplied labour, then he has provided services of MANPOWER SUPPLY , not of works contract.

If services of Manpower Supply are provided by an individual to a business entity registered as body corporate, then partial reverse charge is applicable. In this case service provider is required to pay 25% service tax and service receiver is required to pay 75% of the service tax.

However, one can restrict his liability to pay service tax is subject to the provision relating to N/N 33/2012, if he opts for it.

 


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