FACT: We are (Registered Company) as a Consultants (Catagory-Consulting Engineer) having agreement (Principal Agreement) with Govt of Odisha (Client) to provide consultancy service to Water Resource Deptt of Odisha Govt. We provide the service through our 15-20 experts in different field with whome we have Subconsultants/subcontractors Agreement containing the period of service, terms payment. terms of termination,etc, etc. and contains nothing about Service Tax.
We are paying service tax on our invoice to Govt of Odisha ( Our Invoice consists of salary of above said esperts, vehicle exp, office operation exp, some reimbursible exp, etc,etc)
QUESTION: Whether the above said experts whose fees are well more than 10 lac per annum , need to charge Service Tax to us ?
Please answer with supporting rules of Service Tax or case laws or circulars or notifications.
CAclubindia
