Rinku 09 October 2016

Regarding service tax issue

Hello Sir, I was providing man power service to a company under labor contract. Whatever I recieved as salary for the employees has been paid to them. No service charge were collected from the company on the salary. The period of contract was 2011-15 I have filed IT returns showing all the money recieved are paid to the labours. I have not charged or received any service tax on the salary of the labours. I got show cause notice from central excise charging the service tax on the entire sum that I recieved from the company and also the penalty. when I approached to the company.. the company director's says that they used to pay the service tax on the gross amount of the whole project..but when I said these to the service tax officer..he denies my words.. I am now completely abondaned. Is there any chance to bill the company for the service tax which have not charged them earlier? Please help me with your expert knowledge.

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14 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 09 October 2016

Basically it all depends on your contract terms and conditions. It is your responsibility to pay the Service Tax

Rinku 09 October 2016

Thank u sir but my intention is not to evade the service tax. I have not collected the service tax from the company by mistake. I was not even instructed neither by the company finance secretary nor by the auditor. Now the amount grow to more than 25 lack's with penalty. I cannot pay this HUGE amount. Is there any possibility to reclaim the service tax now from the company which I haven't collected in the past? Will I be arrested? The case is infront of the Tribunal for compliance. What are the other options? I have no immovable property and my movable property is only worth 5 lakhs. The company is taking advantage of my poor condition to evade the tax.

Rinku 09 October 2016

Sir we did not had any contract term and conditions .by d way..

Rinku 09 October 2016

Sir we did not had any contract term and conditions .by d way..

Rinku 10 October 2016

Anybody is here..??

Ms.Usha Kapoor (CEO) 14 October 2016

If the company has paid your service charge on the grossamount ask them forwritten proofs. If they have you produce before the assessment officer. If they don't have you appeal against order of the assessment go to Deputy Commissioner o fCentral Excise and customs and tell them the same story. I fDeputy commisioner dismisses your application go for appeal to Joint commssioner . Somewhere you'll be saved. But you should be prepared to pay at least half the amount fo r depositng inthe court. IN yourIT return you state the whole story of the company paying the servicetax on the gross amount.The appellate authrities amyorder you refund of the entire amount.If you appreciate this answer please click the thank you button on thisforum.

Ms.Usha Kapoor (CEO) 14 October 2016

Hello! You can bill the company also for the huge amount they have allegedly paid towards service tax.if they fail to show any writtten proofs.If yu appreciate this answer please click the thank you button on this forum.

Rinku 17 October 2016

Thank you mam..for sharing your valuable information with me. But I'm trying to approach the company regarding the service tax details..(written proof) since 1 month ..but they are like yes..we have paid to the government ..now, why are you worried abt this..the service tax will paid only ones..and that we have already paid it..they are not ready to give the written proof also..the project manager says that he il give the details as soon as possible. But the time is going very fast..and my amount of worry is also increasing day by day..I'm not understanding what to do..nw

Rinku 20 October 2016

Any 1 is here? Plz do respond me.

Rinku 20 October 2016

Any 1 is here? Plz do respond me.

Rinku 23 October 2016

Plz response..anybody...it's urgent

Rinku 03 December 2016

Sir..im working hard to request the builders to give me the details about the service tax paid by them...but they are not ready to show case their..details..and nw i have got the show case notice from the department..what should I do nw.