Dear sir,

Kindly clarify the following doubt:

1. I am a land owner & civil engineer constructing an apartment complex on my self owned land.
2. There are 12 residential units in the apartment.
3. The agreements for sale is made with 2 prospective purchasers in the month of nov 2011 and feb 2012.
4. There are 2 agreements one for selling undivided share of land and the other construction agreement.
5. There is a chartered engineer certificate showing the level of construction as on 01/07/2012.
6. The agreement is such that all the initial payments as shown in the agreement go for only undivided share of land and later after the exhaustion of the sum to be paid for undivided share of land, the payments for construction start.
7. A post dated cheque is received from the purchaser of the flat, for the construction agreement, such that all the other payments of undivided share of land is exhausted and the value of construction starts with this PDC.

Clarifications for.

1. Is service tax applicable for my complex.
2. If so, since the agreements are made before 01/07/2012, will those 2 prospective purchasers, exempted from service tax, since they had entered into agreement before the law came into force.
3. If S.Tax is applicable which is the best method for my kind of work.
4. How turnover is to be taken into consideration for knowing whether I will be exempted from 10lacs turnover limit for last year.
5. Will the service tax be applicable on a prorata basis for the services made upto 01/7/12.

Services like GTA, Works Contract are covered under Reverse charge and also have Abatements.

For example, Works contract has abatement of 75% and reverse charge is 50% partial charge. So should the service recepient pay 50% partial x 25% (after 75% abadement) x 12.36% of value of bill or 50% x 12.36% on total bill without abatement?

Someone said we have to pay 50% x 12.36% of total bill.

Please confirm

Dear Experts,

What kind of services of goods transportation by road will fall under negative list?
Please give some examples.

Thanks in advance.

Dear Friends,

Can someone post reply to the following queries, if possible :

Whether amendment is required to be done in Form ST-1 for change in directors of a private company.

Ans : ......................


If the answer is NO / YES, I need any supporting on the matter. If yes, what are the documents to be provided to
Service Tax Office for the above said amendment.

Ans : ......................

Thanks.

I a member of co-operative housing society(Regd.). Construction work of a building is given to a contractor for Rs.65,00,000/-,but secretary or chairman not deducting tds on the payment made to contractor total Rs.45,00,000/- uptill now.
Society has no pan/tan number.
WHAT MAY BE THE PENALTY OR CONSEQUENCES?

with regards, Vijaysingh Chauhan

I want to know that whether the Input of Service Tax by a company is allowed , if it has paid service tax along with the travelling expenses for the business tour of its director ?

Dear experts one of my client is the builder promoting the flats, weather he has to collect the service tax or not? pl clarify if he has to collect then at what rate on which amount? because the transaction in sale of flat will involve sale of undivided share of land and construction agreement

pl clarify

We have a partnership firm of 2 people. Can we use the credit of Service tax of bills in the name of the partners like phone bills which are in the personal name of the partners but are being used in business.

W.E.F 06-08-2012. service tax on directors sitting fees is taxable under reverse charge mechanism.

my question is 1. whether directors(independent) are required to issue invoice?
2.If there provide invoice , is it possible can we take cenvat credit based on above?.
3. suppose If there not provide invoice,can we take cenvat credit?

4. Normal TDS on professional charges will be levy both on service charges & service tax. what will be in the case of reverse charge?

Dear Sir,

I have started working with a society. The existing practice is that service tax to be deposited only on receipt basis. Reason for the same is that upto Rs.20 lac of receipt we can deposit the same on receipt basis (as explained to me). Please suggest me whether this is correct or I should switch to accrual basis.

Thanks,
Shekhar