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Issue ID : 111428
- 0 -

service tax applicability

Date 26 Jan 2017
Replies4 Answers
Views 825 Views
Asked By

IF MR.A GIVEN RUPEES 10 CRORE TO MR .B FOR MAKING A FILM IN THAT 10 CRORE 5 CRORE IS FOR MAKING THAT FILM REMAINING 5 CRORE IS FOR MR.B REMUNERATION FOR JOB DONE. WHAT IS THE TAX IMPLICATION IN THE HANDS OF MR.B???? IS SERVICE TAX APPLICABLE TO HIM??? IF APPLICABLE ON HOW MUCH AMOUNT HE HAS TO PAY?? WHAT IS THE PERCENTAGE TO PAY???

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- 0
Replied on Jan 26, 2017
1.

B will raise a bill/invoice of ₹ 10 crore on A to charge service tax on entire amount.

- 0
Replied on Jan 26, 2017
2.

Service tax is applicable on consideration received for service rendered. Here, ₹ 10 crores is received toward consideration for the service, by way of making film, is rendered, hence service tax is applicable. Thanks.

- 0
Replied on Jan 27, 2017
3.

I support the views of both experts. As per Section 67, ST is leviable on gross amount charged. Pl. read Section 67 (i), & (3) of the Act and also definition of ''Consideration" below Explanation (a) of Section 67 of the Finance Act.

- 0
Replied on Jan 28, 2017
4.

Thanks sir.

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