a manufacturing pvt ltd co . The Company is claiming 75% abatement on the ST Liabilty (GTA) . CAn the company again claim the input credit for the 25% ST paid aganist the Excise Duty Payable ? Please provide me any notification if possible regarding the issue .

Respected Experts,

I want to know that what is the calculation of service tax in contract work with labour and materials for the f.y. 2012-2013. i think the ratio is 67% amount is materials and 33% is labour and the service tax chargeble on 33% amount.i want to know this is correct or not and also this ration is continued in f.y 12-13 or any change from 01-04-2012 so please guide me.

thanks

FCAT OF THE AGREEMENT BETWEEN LAND OWNER MR. A AND LAND DEVELOPER MR. B ARE AS UNDER:-
- Mr. A handover land to Mr. B for construction of 6 flats.

- B, constructed 6 flats on the land and all construction exp. wear by B.

- Sale consideration of all 6 flats divided by A & B in 50:50 ratio.

- All flats are sold after taking completion certificate from autorised agency.

- Whether service tax is apply on this case or on which party A or B or on both.

Hi... i want conform that,

My Sept'12 service tax liability is Rs.13635/- which due date is 5/6 Oct'12
but i deposit service tax on 8 Oct'12. for interest on service tax how many days i will count. is Rate of Interest is 13% p.a or any changes.

A travel agent - on Commission amount (which he charges from the customer) - Service tax is applicable.. Is there any liability to deduct TDS on the amount paid to the travel company (only on Commission - 194H) ? And TDS on the commission including or excluding Service Tax?

How come the Travel agent show the Commission amount separately on the INVOICE given to the customer?

Please reply.

Finance Act 2012 vide notification 15/2012 requires to pay service tax on reverse charge for taxable services including man power,renting of motor vehicle , works contract.

whether a LLP is a Body Corporate as a service recipient and liable to pay service tax on such services consumed under Reverse Charge Mechanism?

Dear Experts,

As per the recent amendments of service tax took place on 01.07.2012, i would like to know what is the rate to be charged henceforth for the tax rate of 4.8% for Works contract, because now for the Glazing service it is 60% of 12% i.e.7.2%. We have issued some of the sales invoice at 4.8% now, how to recover the difference amount of 7.2% with 4.8%. We are into Building interior activity. Please refer the SR Notififcation No.160 in which 12% (60% of 12%) to be charged instead of 4.8%. We raised in the old rate, wanted to know how to set up the difference tax rate and if yes, then any provision to get refund for the service tax already paid.

Kindly clarify.
Regards
Vithal

Non Competes are liable to service tax in India.

In case of a contract of employment where there is an employer employee relationship, the salary paid is not liable for service tax. However, many of these employment contracts contain certain clauses imposing restrictions on the employee as a condition of employment itself. Example of such restrictions are say not to become a partner or proprietor in any firm. Even government imposes such restrictions by law that are spelt out in such contracts, eg. teacher not being allowed to give private tuitions.

Would such non competes in the employment contract in any way change the nature of the employment contract to a non compete agreement for purpose of Service Tax. Could it be read as the entire employment being the consideration for not doing those acts or is there a formula for taking part of the salary as employment contract and part of it towards act of forbearance? Basically there is no specific monetary consideration for the non compete.

Another scenario is similar to transfer of controlling stake in a company. Example is Kingfisher and Air Deccan where condition was imposed on Captain Gopinath that he could not run a scheduled airlines for 5 years. The basic agreement would have been to transfer the shares in the company which itself is not taxable. However, do the restrictions of forbearance imposed in any way change the nature of the contract? There may be no consideration per se for the act of forbearance but there could be a penalty for violation.

I tried to file my return online at the www.aces.gov.in website for the quarter ended Jun2012. But the site doesnot even permit me to upload the return and suggests me to wait till the new format is available. How should i file the return before October 25, 2012. Should we expect the revised ST3 form before October 25, 2012 and file the return for (April 2012 - Jun 2012) i.e 3 months in that revised form. I am confused with the circular issued on September 28, 2012 which specifies the return for 3 months need to be filed by October 25, 2012. Should I be waiting for the revised form and activation of the link on aces for filing of return.

IS SCHOOL LIABLE TO PAY SERVICE TAX ON FEES COLLECTED TOWARD TRANSPORT FACILITY FROM STUDENT ???