Applicability of service tax

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vijendra (Querist)

26 January 2013 a pvt limited co. providing home nursing services through its nursing staff(few staff are contract basis) at client (patients) place and charges fees from clients whether co. liable to collect service tax

Kaushik Vinod

Kaushik Vinod (Expert)

26 January 2013 Dear Vijendra,

In my view the above services are taxable since other then negative list is applicable today.

I also highlight item No.2 of Notification No.25/2012-ST dated 20-06-2012
Health care services by a clinical establishment, an authorised medical practitioner or para-medics;
( These services are exempt if they are provided by the above institutions)

As I understand the above service is not provided by any one of the above.

Thanks

vijendra

vijendra (Querist)

26 January 2013 is that pvt. ltd. co. eligible for claim refund for service tax credit

Kaushik Vinod

Kaushik Vinod (Expert)

28 January 2013 This is not the case of refund since you have not paid the tax wrongly or neither the conditions under Section 11BB of Central Excise are satisfied.
No way of refund.

Thanks

vijendra

vijendra (Querist)

28 January 2013 wat abt service taxes paid on telephone exp, internet exp., auditor's bill n co. secy bill etc., shall claim refund

Kaushik Vinod

Kaushik Vinod (Expert)

28 January 2013 Vijendra Ji R u exporting the Services ???
If yes then go and claim the refund otherwise no refund from department,,this is what law says.

Thanks

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