2026-VIL-709-CESTAT-HYD-ST

SERVICE TAX CESTAT Cases

Service Tax - Manpower Recruitment or Supply Agency Services - Appellants were providing manpower services to M/s Pulivendula Polymers Pvt Ltd (PPPL) and were paying monthly salaries to the workers after collecting the amounts from PPPL - Whether the appellants can be considered as providers of MRSAS to PPPL or were they employees of PPPL merely disbursing salaries on their behalf – HELD - The crucial fact to determine whether the appellants were employees of PPPL or providers of MRSAS was whether the appellants were able to establish that they were regular employees of PPPL and were only disbursing the salaries on behalf of PPPL to the workers. The appellants had not been able to establish this fact conclusively. The department had relied on letters issued by PPPL indicating that the appellants were provided remuneration/consideration, which were not on record - The fact that the PF registration of the contract employees was in the name of PPPL did not conclusively establish that the appellants were employees, as the principal employer can obtain PF registration under the relevant law – The matter is remanded back to the original adjudicating authority to provide an opportunity to the appellants to produce relevant documents to prove that they were regular employees of PPPL and were only disbursing salaries on their behalf, and thereafter a view can be taken on whether they can be treated as providers of MRSAS or merely as employees of PPPL – The appeals are allowed by way of remand

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