Service tax - applicability
J.Sridhar
(Querist) 14 March 2013
This query is : Resolved
I am a 63 year old professional. I joined the ABC Group in late 2009 in the Materials Department of their infrastructure project. The letter of appointment was issued by ABC Technical & Consultancy Services Ltd. I have posted in their Group Company, XYZ Infrastructure Projects Ltd., in the Materials Department. In the letter of appointment given, the following are clearly mentioned:
========================================================
• ‘… the company has decided to engage you as Dy. General Manager-Materials on the following terms…..”
• Place of posting: Your intial place of posting shall be at our …… project site at ……..
• Fee & Reimbursements: For the services rendered you shall be entitles for a retainership fee of Rs 1,00,000/- per month. The said fee shall be inclusive of all expenses and taxes.
• Consultancy: You will be available at the office/site during office hours ……..
• Relationship: Relationship between our company and yourself will entirely be on a principle to principle basis and nothing in this appointment shall be taken as/consider you as an employee of the company.
========================================================
The above was renewed wef 1.10.2010 to 31.3.2012 and then extended upto 31.3.13 on a remuneration of Rs 1,20,000 per month.
Operationally, the following points are to be noted:
1. I have been allotted a 20 days leave per annum.
2. I have to submit a leave utilized report every month.
3. I am the Head of the Materials Department at the site and the entire Purchase Department and Stores Department staff report to me.
4. I sign all Purchase and Stores documents as DGM-Materials.
5. I am an authorized signatory for the cheques issued by XYZ Infrastructure Projects Ltd. I have so far signed hundreds of cheques valued at several crores of rupees.
I have received a mail that due to some changes in service tax rules, I should register myself with service tax department. However, the company is unwilling to reimburse the service tax stating that our appointment is including “all expenses and taxes”.
Another knowledgeable colleague advised that for my nature of “consultancy” service tax is applicable only from 1.6.2012.
My queries are as follows:
1. Do I come under the purview of service tax? If yes, from what date?
2. Based on the nature of operational activities listed above, can I consider myself as not covered under service tax and defend myself? Will that logic hold water?
Kindly guide me and oblige as I am very tense on this.
Sridhar
Note: To protect privacy, the names of the companies have been changed.
C. P. CHUGH
(Expert) 15 March 2013
Dear Mr Sridhar, Under which section the company is deducting tax from the amount paid to you every month. I presume it should be under section 194J " Fee for Professional & Technical Services". If it is so, you are liable for payment of service tax. So far its reimbursment is concerned, it is contractual obligation between the two and you be careful about this liability while renewing conract in future.
CA SANKAR
(Expert) 17 March 2013
Hello Sir, You are rendering professional services to a company. So you are liable to Service tax . If your charges crosses Rs. 9 laks, you have to register.
R.K Nanda
(Expert) 17 March 2013
no more to add.
