Dear Mr. Bijay,
Now there are more points (queries) other than CLA issues. Earlier you asked only for applicability of Labour Licence, now Statutory Benefits, TDS & Service Tax also included in the discussion.
Umakanth sir has clarified the terms related to CLA. In Maharashtra, as per recent notification, there should be minimum 50 workmen reqd. to come under Labour Licence context. If your deployment in a single site reached the minimum No. than only you need to obtain Labour Licence.
I would like to add few more points (which can practically useful for you), for which I need more detail like your organisation status (Proprietorship, partnership, Company). What terms and conditions are mentioned in your Agreement (related to statutory, taxation, payment terms etc). Whether the Housing society has any source of regular earning (or it is being operated / maintianed under/by any profitable group). Bcoz the way they are taking care of Service Tax and TDS, it seems they are working on large scale. Generally the Co-operative societies don’t want to involve such things. Moreover you have not clarified whether the society is ready to give you PF-ESI and other mandatory benefits.
First of all, you can approach to the labour office of your area duly mentioning the case history. If the Labour Office issue you any clarification / NOC that the Housing Society does not comes under the preview of CLA. Than you can exclude those employees from the statutory compliances.
But if the society is ready to give you the benefits in your monthly rates, you should not any problem. If the client delay your pymts than you have to maintain the backlog of pay the salary and statutory liability.
Related to TDS, you are right, the TDS should be deduct only on basic prices. Service Tax shud be excluded while deducting TDS. If you are a non company than Service Tax is applicable under reverse case. Under reverse case the liability of depositing the service tax is lies with Service Recepient. You have to submit/share your service tax No. to them. However, you have to mention the clause in your invoices. If you are a company than they must pay you the Service Tax.
Hope the points are now cleared. However for better framework, I advice to take consultant’s advice on the matters.