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Inhouse Job Work v/s Service Tax

Ashok Chopra

Respected Forum,

we are 100% EOU and claiming Service Tax as Unavailed Cenvat. Some unregistered job workers are providing inhouse service to us more than Rs. 10.00 lac in a year.  Are they required to be registered as Service Tax Provider and charge service tax on their bill and are we required to pay service tax under Reverse Charge and claim the service tax paid as Unavailed Cenvat?

pls advice

Clarification on Service Tax for EOUs: Reverse Charge Mechanism Inapplicable; Refund Possible under Rule 5 of Cenvat Credit Rule 2004. A 100% Export Oriented Unit (EOU) inquired about the applicability of service tax for unregistered job workers providing inhouse services exceeding Rs. 10 lakh annually. The query focused on whether these workers need to register as service tax providers and if the EOU must pay service tax under the Reverse Charge Mechanism, claiming it as Unavailed Cenvat. The response clarified that the Reverse Charge Mechanism does not apply since both the EOU and service providers are in India. It was advised that if services are for manufacturing goods for export, a refund could be claimed under Rule 5 of the Cenvat Credit Rule, 2004. (AI Summary)
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