Barun Maskara
29 August 2011 at 17:20

Service tax

Dear All,

This is urgent. Our Company has import some services from China worth $10,000. This service is liable to both Service Tax and Withhlding Tax @ 10%. But I am not able to understand how do I calculate the amount to be charged towards Service Tax and Withholding Tax.

Can any of my friend guide me in this regard?


GAURAV SHRAWAGI
29 August 2011 at 15:30

Regarding refund of service tax

OUR CLIENT IS ENGAGED IN EDUCATIONAL ACTIVITIES. AT THE TIME OF COLLECTING FEES THEY CHARGE SERVICE TAX @ 10.3%. BY GIVING 50% SCHOLARSHIP, OUR CLIENT GIVES REFUND OF 50% OF TUTION FEES TO ELIGIBLE STUDENTS.

MY QUESTION IS " WHEN WE GIVE SCHOLARSHIP, CAN THE SERVICE TAX ALSO BE REFUNDED"???????



Anonymous

Is there any circular/notification for exemtption from service tax on rent collected from educational societies. If yes please give me the number and date

Ramana



Anonymous
29 August 2011 at 14:37

Centralisation

A person has on office in Ludhiana from where he is providing taxable services.. He has a ST number registered in Ludhiana..

Now he wants to open a branch in Delhi..

And 6-8 months later, in Chandigarh..

I understand that he can either take a ST Number where ever he goes (say Delhi and Chandigarh).. OR.. he can make a centralized billing system in Ludhiana and make an amendment in his already existing ST Number..

He provides his services to one client only.. and raises one invoice per month to so centralized billing/accounting is not tough..

First.. Is the centralized registeration required ?? Cant he just carry on his business with his existing number ?

What are the pros and cons of having a centralized number as against a decentralized number ?



Anonymous

Dear Experts,

I have filed my company's service tax return through E-filing for the F.Y. 2010-11.

Due to some reasons I have to revise it but 90 days period already crossed. Now I am getting error 90 days crossed.

Please guide me what should I do is there any option to revise my ST return after paying some late fees if not kindly educate me what other options available to revise ST return.

Help me !!!!!


Manoj Pala
29 August 2011 at 12:48

Cenvat credit of service tax

In relation to the subject matter, we state that


1. Since 2008-09, we (Siemens Limited, Kharagpur, West Bengal) are going for factory expansion wherein new industrial factory building are also built in. The factory expansion is still under progress



2. The civil construction services are provided in our factory by Trans Tech Turnkey Pvt. Ltd., Pune, Maharashtra.



3. In this regards the provider of services has raised bill for the services provided. Details in regards to this bill are

v That the service is provided for expansion of existing facility for the civil construction. This service is falling under section 65 (105) (zzq) i.e. Commercial & industrial Construction. Service provider is registered for this service u/s 69 of the Finance Act, 1994.

v That the service is actually provided / completed within September 2010 for which the bill / invoice for such service provided is dated 03.09.2010.

v That the service provider bill is also certified by our (i.e., Siemens) personnel on 03.09.2010 and the bill is processed on 15TH Sep 2010 and is subsequently paid-off in full

v That although the said service bill was paid-off but CENVAT credit of the service tax involved in the bill is still pending. As a matter of fact, we do understand that there is a substantial delay on our part for availing CENVAT credit of the service tax so paid-involved in the bill.



4. In this very regards, our query is w.r.t., the timing of CENVAT credit of the Cenvat credit vis-à-vis the amended definition of "Input Service" w.e.f.., 1.3.2011 (Notn 3/2011-C.E. dt. 1.3.2011).
==> having regards to the amended definition of "Input Service" w.e.f., 1.3.2011 wherein services used for civil construction have been specifically excluded à that for such civil construction services so provided within Sep 2010 (i.e., before 1.3.2011) and billed and also paid in full by Sep 2010 … the CENVAT credit of service tax which is still pending availment, can now be availed



5. Our contention in this regards is (a) that the civil construction services so received in factory were eligible input services prior to 1.3.2011 (b) that the invoice / bill for such services raised in Sep 2010 and the bill fully processed and paid within Sep 2010 (c) but for reasons … the CENVAT credit of service tax paid in relation to such services is still pending and (d) YES, PENDING CENVAT CREDIT OF SERVICE TAX CAN NOW BE AVAILED FOR THOSE SERVICES (which stood eligible input services) PRIOR TO 1.3.2011


6. In other words, for those very services which were provided before the amendment in definition of "Input service" w.e.f., 1.3.2011 and which were the then eligible input services, but since the availment of CENVAT credit in books is after the amendment in CCR, whether it is now advisable on our part to take CENVAT credit OR not to take CENVAT credit



SANJAY

Hello Dear Members...
Please sort out a problem stating as under:-
A Comapny is going to transfer the rights to use Tangible Goods (Here Tangible Goods are mainly Cars) by an agreement for a period of time on receiving lumpsum amount. My question is that whether there is Service Tax applicable or VAT applicable? Remember here ownership is not transfered only right to use goods is transferred.
Please Reply Soon!!! Its Most urgent!!!
Thanks in Advance
Sanjay Verma


R.PADMANABHAN
29 August 2011 at 12:32

Advertising agencies

one of our client has got registered with the service tax department under "advertising agencies". However, he has charged the service tax rates under composition scheme.Whether composition scheme is applicable for advertising agencies. please clarify


sonu gupta
29 August 2011 at 10:58

Online filling of service tax return

whether it is mandatory to file service tax return online for all Assessee



Anonymous
29 August 2011 at 00:43

Cenvat related

Q1) If for example- current telephone bill is 500 + 150(Service tax), but total due is 2000 (including previous dues). And payment is made 2000. Should cenvat be 150 or on calculated by reverse method on 2000?

Q2) Payment is made on the basis of quotation basis, can cenvat be taken? (i.e is bill necessary)?






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