Unloading charges

1446 views 5 replies

dear all 

we are making cash voucher of unloading charges and paid to unregistered person is there any liability of RCM on Unloading Charges.

if we are making signle voucher up to Rs. 1000/- not paid maximum over all expenses per day limit 5000/- in cash for unregistered person

than GST RCM applicable or Not

Replies (5)
Dear sir,

until upto 13th October 2017
payment to unregistered dealer will attract GST under RCM
Uploading comes under employee-employee relationship, hence not taxable.
Unloading comes under employee-employee relationship, hence not taxable.
Unloading comes under employer-employee relationship, hence not taxable.

HAMALS/COOLIES EMPLOYED AT A PARTIULAR TIME

Where Hamals & Coolies are employed at a particular place and a particular time, outside the premises of the factory/establishment to perform a specific job on the spot in such cases no contribution is payable on the amount paid to such Coolies/Hamals, however the contribution is payable on the amount paid to the coolies and hamals for services rendered within the premises of the employer.

Bombay High Court in the case of Parley Bottling Co.Ltd. VS. ESIC,Bombay

1989 and Supreme Court in the case of ESIC VS.Premier Clay Products, have held this view.

SHORT PERIOD CONTRACT FOR SERVICE – ELECTRICIAN, CARPENTERS, MECHANICS, PLUMBERS ETC./REPAIR WORK DONE ON SHOP

In such cases also contribution is payable on the amount paid by the Employer if the services are rendered within the premises. This view was also held by Punjab and Haryana High Court vide its judgement dated 29.3.84 in the case of Modern Equipment Vs. ESIC in Civil Appeal No.3218 of 1989.

are correct..... 

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