One of my client provided amusement rides ( video games , Go Karting, Toy Train, Battery Car for Child & Bouncee )with Himchal Pradesh Tourism Development Corporation Ltd. (HPTDC) under profit sharing ratio 50:50 in manali (Himchal Pradesh). All equipement are provided by our client. On 1st April’2012 onward HPDTC deducted service tax under work contract from our client.

Determination of value of taxable services involved in the execution of a works contract.- Subject to the provisions of section 67, the value of taxable service involved in the execution of a works contract (hereinafter referred to as works contract service), referred to in clause (8) of section 66E of the Act, shall be determined by the service provider in the following manner, namely:-

(i) Value of works contract service shall be equivalent to the gross amount charged for the works contract less the value of transfer of property in goods involved in the execution of the said works contract.

Explanation.- For the purposes of this clause,-
(a) gross amount charged for the works contract shall not include value added tax or sales tax, as the case may be, paid, if any, on transfer of property in goods involved in the execution of the said works contract;

(b) value of works contract service shall include, -
(i) labour charges for execution of the works;
(ii) amount paid to a sub-contractor for labour and services;
(iii) charges for planning, designing and architect’s fees;
(iv) charges for obtaining on hire or otherwise, machinery and tools used for the execution of the works contract;
(v) cost of consumables such as water, electricity, fuel used in the execution of the works contract;
(vi) cost of establishment of the contractor relatable to supply of labour and services;
(vii) other similar expenses relatable to supply of labour and services; and
(viii) profit earned by the service provider relatable to supply of labour and services;

(c) Where value added tax has been paid on the actual value of transfer of property in goods involved in the execution of the works contract, then, such value adopted for the purposes of payment of value added tax, shall be taken as the value of transfer of property in goods involved in the execution of the said works contract for determining the value of works contract service under this clause.
(ii) Where the value has not been determined under clause (i), the person liable to pay tax on the taxable service involved in the execution of the works contract shall determine the service tax payable in the following manner, namely:-

(A) in case of works contracts entered into for execution of original works, service tax shall be payable on forty per cent. of the total amount charged for the works contract:

Provided that where the gross amount charged includes the value of the land, in respect of the service provided by way of clause (8) of section 66E of the Act, service tax shall be payable on twenty five per cent. of the total amount including such gross amount;

(B) in case of other works contracts including completion and finishing services such as glazing, plastering, floor and wall tiling, installation of electrical fittings not covered under sub-clause (A), service tax shall be payable on sixty per cent. of the total amount charged for the works contract;


As per my understanding my client is not cover any work contract.

You are requested to please provided any notification where amusement games in negative list
& confirm for applicability of Service Tax.
Entertainment tax is exempted in H.P.

with regards

Vinod Aggarwal
9810833006

hi all,
can any one tell me the penal provision for various contraventions of service tax laws??

Please reply with the latest amendments....

Hi,
My firm is partnership firm and we are into providing IIT-JEE and other engineering competitive Examination coaching to 12th science students. Our Firm is 3 years old. First year we have paid service tax but did not file return. Second Year also we have income below 10 Lac so did not paid service tax and also did not file return. Our CA tried to file return Online but as first year Return has to file Manually and from second year the made is to file online, so it is not accepting by service tax system. Now this is our third year in which we are unable to file return. Can you please guide me what we can do in this case? What will be and advice from you to file return?

An assessee has not filed Service Tax return on Rent received on Immovable Property as stay was granted to Tenant by court for non payment of Service Tax as such. Tenant in turn gave confirmation to Landlord that he is not required to pay Service tax and any liability thereof will be reimbursed by tenant. Now Tenant is ready to pay service Tax + intt etc. to Landlord.


Whether tenant is bound to Penalty u/s 70 for late filing of return or same is not required as per clarification / amendment / notification etc. given in budget 2012 and thereafter.

Dear Sir,

Please help/ clarify on the following (for a Service Provider-Man Power Recruitment):

Advance Payment made (for input service) on: 18 May 12.
Input Service to be effective from 08 July 12 upto 07 July 13 for one year.

My question is:

The Cenvat credit to be taken during the quarter April- June 12 (quater in which the payment was made) or during the quarter July- September 12 (when the input service is going to be actually effective).

Thanks in advance.

regards,

Avinash

Hi, i have completed my BCom 2 years back and appeared for CA Final exams and await the results for the same.

i am keen on doing some course in Indirect Taxes particularly either in Service Tax or Customs.

Please advise me on any MBA Course as well.

i have no restrictions or hesitation towards place, cost, duration as long as it matters my interests.

Kindly enlighten me on the same.

Thanks & Regards

Shreya

Plz clarify whether there is different rate of service tax i.e other than 12.36% applicable to Commercial Or Industrial Construction service? If yes then what is the rate of Tax?

Dear Sir,
(1)if assesse file service tax returns whithin due dates, can he file revised returns.
(2)what r the due dates to file the revised returns.
(3)if revised returns are not filed whithin due dates,can he file revised return after due dates.
(4)if he can not file revised return whithin due dates,and there is a need to file the revised return,what he should do to file the revised return.

Hi All,


My Query :

One of my client had raised an invoice on which tax was coming out 13,29,803/- on 19/04/12.

Now due to the negotiation he canceled that invoice and raised new invoice on which service tax was 1181483/- for the same date.

Assessee had already paid service tax of 1329803 to Department before this negotiation. So now it seems that he has made access payment of 148320/-. But we are not sure about whether to consider it as advance payment of service tax or not. And if it is the case of service tax advance payment then 15 days for the intimation to Officer has already left. So what will be the next step we need to take.

Please let us know whether we can utilise this 148320/- excess payment against May month's service tax payment or not.

sir/madam,
i have taken service tax no. on 28/04/2011,but i have not provided any services or did not got any income and did'nt filed any return yet,
now i have to surrender my service tax no.,so please tell me how i should file my return "electronically or manually" and what amount penalty is imposable on me.
pls sir its urgent