Scope of Job Work and Manpower supply services - Applicability of service tax on the services received by apparel exporters in relation to fabrication of garments
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Job work vs manpower supply: classification determines whether services to apparel exporters attract service tax. Classification between manpower supply and job work depends on contractual terms and factual scope: manpower supply places personnel under recipient control with charges tied to deployed labour, while job work assigns a specific fabrication task with provider accountability and per-piece valuation. Service tax exemption under the negative list applies only where the job work involves a process subject to excise duties. Determination of tax liability requires case-by-case examination of control, payment basis, accountability, place of work, and related contractual terms.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Job work vs manpower supply: classification determines whether services to apparel exporters attract service tax.
Classification between manpower supply and job work depends on contractual terms and factual scope: manpower supply places personnel under recipient control with charges tied to deployed labour, while job work assigns a specific fabrication task with provider accountability and per-piece valuation. Service tax exemption under the negative list applies only where the job work involves a process subject to excise duties. Determination of tax liability requires case-by-case examination of control, payment basis, accountability, place of work, and related contractual terms.
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