Dear Sir

We are a manufacturing company and our holding company at Germany appointed their employee at India to look after the work to strengthen the business over India. He stayed in India for 6 months and our parent company had charged us 50% of his share and provided us the debit note for the same since they had paid the same. Now we dont have any agreement or board resolution for the same and given the approval for the same in verbal communication.

Now Audit Officers had carried out the point and they are saying us to pay service tax under reverse charge mechanism along with interest and penalty. Also debit notes provided by our company indicates Consultation Fee but the fact is it's and salary and bonus re-imbursement done by Indian company to the overseas.

Whether ST will be applicable under RCM since we have to look after the facts of services done and it comes under Manpower Classification of service and we have also shown them the act under Advance Ruling No. AAR/ST/13/2015 but they are denying the facts. Require your immediate assistance on the same and awaiting for your reply at the earliest.

Thanks & Best Regards
Chetan
Senior Executive - Finance and Accounts.

Dear Sir,

We are manufacturing company and we also provide service to our customer, .

We have service tax registration for the same. While filling service tax return we have shown all our details of Service (Provider) but we have not shown any details against service tax paid on RCM. (Receipt) ie GTA & Manpower supply.

Now Service tax officer asking why your have not show the same in service return

Please help us how to handle the same.

Please clear a point of RCM on under mentioned conditions :-
1)If a proprietor of a firm is giving his industrial property to a company in which he is also a director, is RCM will be applicable ?
2) Rent amount is below 10 Lac.
3) he is taking salary from company.

my company is a private limited company and having a toll free number for the consumers. we makes payments to Knowalirity Communications Private limited, whehter TDS will be applicable on this service i,e. we have to deduct tds on payments to Knowalirity Communications pvt. ltd. or not?

The Query Raised under Service Tax Audit, in Work Contract Service which i have elaborate as under.

Eg.

Sun infra is partnership firm who own land and sub contract the whole project for construction of residential buildings, flats to RK Construction.

Sun Infra has collected Service tax from the prospectus buyer on booking amount under Residential complex service and paid it regularly with department.

Now in case of RK Construction Company is unregistered company, whether the service tax implication applicable to RK Const under works contract? at what rate ?

Please suggest your views in this regards.

a corporate Facility management company, showing the a portion of revenue as unbilled revenue; is this correct.
is AS is not applicable for man power supply or facility management.?!

Hello Dear Friends,
I am CA Ajit Gajera, I have one client doing business of Freight Forwarders. Now we have department audit for last 5 years. Last 4 years have no problem at all because Freight was exempt.
From 01/06/2016 Ocean Freight was taxable and it was clearly stated that Abatement of 70% was allowed on freight services.
My client was taking 70% abatement and paying tax accordingly. Now officer is a view that as per Circular no 206/4/2017 - Service tax dated 13/04/2017, Your firm is not eligible for 70% Abatement and now you have to pay balance tax on 70% value of Freight.
Can anybody has a view that this abatement is available or not.

Please reply urgently

Dear Experts, Service tax dept has send notice for FY 14-15 for detailed scrutiny. Our company is manufacturing (factory at Ahmedabad) & service industry (Mumbai HO). There is no any exempted goods or service. And we have separate service tax registration for Mumbai & Ahm for RCM service. We do the consolidated balance sheet to file ITR, 3CD etc.We book audit fees cost in Mumbai books & take the input in Mumbai. Now, Officer has raised question on full input taken in Mumbai for common services like audit fees etc.And ask to refer Rule 6 of CENVAT.
Please advise which rule is applicable for this common service.

We have entered in to works contract last year.This contract is coming under exempted notification for service tax.Works contract completed now billed prior gst period and payments come.Now we have a doubt,whether revised return to be submitted to service tax to department

My client is in the education sector who provides membership to organizations. they received a certain amount along with service tax for the purpose of membership.
now after rolling of new GST regime, they have to refund a certain amount of some members received as membership fees. As no service was given during the period, members are asking for the refund of service tax amount too. now under GST regime, how is it possible to refund the service tax amount relating to the pre-GST period.