Gireesh Hegde
22 October 2011 at 10:10

Service tax "under protest"

Hi,

Can anybody give me a clear idea about Service Tax "Under Protest".Also in which case we have to follow this?

Thanks.
Gireesh


Devendra

Is there a Prospective effect to this notification regarding extension of Due for Service Tax Return filing?

Regards,
Devendra K


Harish Chandra
21 October 2011 at 20:45

Service tax applicable on food court

A Co. ABCD Ltd. develop a mall and in mall some part was occupied by Food court containing 1000 seats and 12 Food Counter.

ABCD Ltd. made agreement with 12 organisation for running one food counter each in Food Court certain space was occupied by each shop and prepare particulars kind of foods and sold to customer and give computer software support.

Food Selling procedure is like below

1. Customer enter into shop and purchase Debit card of certain amount (i.e. Rs. 100, 200, 500 etc.) which is paid to cashier arranged by ABCD Ltd.
2. Customer goes to desired counter and purchased food from counter and swap card in machine situated in counter and in the end money remained in Debit card refunded to Customer by cashier of ABCD Ltd.


Accounting in the book of ABCD Ltd.
1. Net Cash collected from Customer everyday
Cash Dr. 500
To. Debit Card Sale 500
2. Total Sale made during the day
Debit Card Sale 500
To Sale 440
To Vat 60
3. Purchase Dr. 300
Vat Dr. 36
To. Certain Counter 336

4. Certain Counter Dr. 336
To. Cash 336

It is cleared from the above condition Rs. 140 is earned by ABCD Ltd each day

I want to ask about Service tax liability on above income of Rs. 140 each day, Service tax Liable or not



Anonymous

Dear Experts:

This is regarding a firm, into management consulting, that has commenced 3years ago. This firm has paid up all the required service tax for the years 2008-09; 09-10 and 10-11 financial years so far.

However the firm has not filed the half-yearly ST-3 returns, as they were under the impression that if the total tax is paid in full, half-yearly ST-3 returns are not required.

Now, please clarify on the following aspects:

1. Should the firm need to file the ST-3 for all the three years ie 6 half-yearly returns, electronically, now?

2. If so, what is the applicable late fee and penalty in the above case:
- is this late fee, Rs.20,000 or Rs.2000 per half year basis or Rs.20,000/rs.2000 for one full year basis or a one time payment of Rs.20,000/Rs.2000,for all the 3years for this firm?
- similarly is the applicable penalty, Rs.10,000 or Rs.1000 as the case may be, for half-yearly basis or for one ST registration for each year or for one firm for all the 3years?

*So far there is no communication from the department on the latefee/penalties due to the non-filing of the ST-3*

3. Can the firm request for waiver of both the late fee and penalties that are applicable, as it paid all the service tax in time for all the financial years?

4. What would be the applicable interest in the said case, assuming the electronic filing would be made by 5th November?

5. Firm has also realized that accumulated input ST credit is higher and has overlooked in setting against payable service tax, year on year basis. Can it file an application for the refund of input credit? Whats the process/applicable forms?
( though its possible technically to set against the future half-yearly applicable ST. But firm wishes to take the refund of ST input credit if possible given the low volume of business)

Would appreciate, if you can kindly review the case and provide your expert advise...

Many thanks in advance


Jitender
21 October 2011 at 19:08

Service tax reversal on credit note

Dear friends,

as we know stax in now accrual basis.
please explain this concept to me.

i mean if company raised a bill 1000 + stax 103
total 1103/- on 25.09.2011

i didnt received payment from client. till 31.03.2012. so should i liable to pay stax of rs 103/- if yes then due date and amount of stax?

and later on company give a discount to client as a credit note of rs 200/-
Nw my another ques is Can company reverse stax on rs 200/- or not?


P.S.VISHWANATHAN
21 October 2011 at 17:10

On line return of service tax

With effect from 1st October,2011 it is mandatory for assessees to file service tax return via electronic mode. While my company is already filing the return electronically, one other company in which my friend is working, is filing the return through electronic mode for the first time.This company has been alloted the necessary user ID and pass word. However, there is a problem. When he logs on to ACES site using his user ID and password, he is unable to open the return option. would be grateful for a guidance.

thanks



Anonymous
21 October 2011 at 15:42

Tpin

Dear Sir,

If Co. already registered with Service Tax Department for e-filing will it have to apply for TPIN and co. has filed online return in previous year also


Thanking you



Anonymous
21 October 2011 at 15:29

Tax payment

In case of Event Management Service Provider, Tax is required to be deposited on Receipt basis or Invoice Basis???



Anonymous

Sir,

Our's is a limited company of power generation. our suppliers are dispatching materials through GTA's like Transport Corporation of India (TCI), XPS Cargo and Associated Road Carriers Limited (ARC), as per the Service Tax Rules, the liability of service tax payment rested with the company, but the said transport agencies are claiming service tax in their bills.In this connection, please advise me in this case who is the bearer of service tax payment to government.


Dinesh Kumar Sahoo
21 October 2011 at 13:10

Servive tax or vat applicable

Can any one tell me the difference between supply of tangible goods on lease basis and on hire rental basis ? If some one provide any tangible goods on lease basis ,then in that case service tax will be applicable or not ? Whether vat will be applicable here and no service tax.

If vat applicable then what is the rate of vat in Orissa vat Act?






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