tax on sub contract

[RAM AVTAR]

one contractor is executing work contract of a govbernemnt building which is exempt.  part work assigned to associated contractor name given in main contract.  whether associate contractor is also liale to pay service tax as per latest circular of service tax.  further if entire work sub assigned to sub contractor of said building. whether sub contractor is liable for service tax

[Rama Krishana]

There was some doubts among assessee and department and circular has merely clarified that doubt. No new liability has been cast on the sub contractor by issuing this circular.

Any job, whether is executed by the contractor or sub-contractor, the nature of job / service is to be analyzed irrespective of the fact that who is executing it. In your case, the entire contract has been assigned to sub contractor therefore, it is clear that the nature of contract would remain same in the hands of sub contractor as in the hands of contractor.

Therefore, if the contract is eligible for exemption for service tax on the contractor, sub contractor would also be exempted for the same work.

AI Summary

Sub-contractors exempt from service tax if main contractor is exempt; recent circular doesn't change this. A contractor executing a government building project, which is exempt from service tax, has assigned part of the work to an associated contractor named in the main contract. The query concerns whether the associated contractor and any sub-contractor are liable for service tax. The response clarifies that the recent circular does not impose new liabilities on sub-contractors. The nature of the job or service remains the same regardless of who executes it. Thus, if the main contractor is exempt from service tax, the sub-contractor is also exempt for performing the same work.