Srinath Shenoy
17 January 2011 at 13:20

Service rendered by a foriegn client

Dear friends,

My company is an Indian company engaged in selling construction chemicals in large scale to the projects all over India. we are charged by a foreign company a fixed amount of techical know-how/ professional fee for the services charged by them on a monthly basis and we get invoice for the that. The foreign company do not have any office here in India. My queries are:

1.The foreign company (service provider) don't charge service tax in their invoices. Is it our liability (the company receiving service)to register under service tax and pay the service tax? Or is that the responsibility of the foreign company to register under service tax act and charge service tax on their invoices?

2.I understand that we need to deduct the TDS from their invoice and pay it to the government. Since the foreign service provider don't have a PAN number, how could we deposit the TDS without mentioning their PAN number? Is it mandatory for the foreign company to register for PAN in India?.

Is yes, is it the same procedure as same as PAN registration for Indian companies?

Experts kindly reply ASAP and oblige..



Anonymous
16 January 2011 at 21:10

Service tax online filing

When we file st-3 online return online
how do we know that it is filed and do we get any acknowledgements of this?



Anonymous
16 January 2011 at 19:17

advertising services

Whether amount paid for booking of space and time for advertisement falls under advertising
services?


Akhilesh Dhir
16 January 2011 at 13:34

transporter

i have received a invoice of rs. 11030/-(10000+1030) from a transporter i have to deposit 10000*25% ie 2500*10.3% rs.257.50 as service tax and the balance amount of 75% is an abatement amount if i deposit this st on challan tr-6 or any other challan form and how can i take a benefit of input service tax of 1030/- in my return ?



Anonymous
16 January 2011 at 10:49

eligibility criteria

I am a travel agent/tour operator having various services coming under the service tax. I want to know what is the exemption limit for which service provider does not have to register. Also what exactly is the taxable amount: is it total turnover or is it that part of the turnover which is taxable. e.g. I am earning commission on bookings, so is it the total commissions earned or the amount of total bookings done, please clarify.
Also the turnover of all the services provided e.g. Tour Operator, Rent a cab, Travel Agent (other than air/rail) is considered in total or is it for individual service provided.

Thanks


kaushal vijaywargiya
16 January 2011 at 01:22

service tax problem

i resistered (On 27.03.09) under Category of "Man power recruitment agency, supply of tengible goods for use service" we are provided the same serivce in two diffrent company.
In the priod of Apr09 to Sep'09 we Have Received an amt of Rs.17L and ST received ST-154500 Instead of 175100 Becouse One of company not paid to ST on Rs 200000 (Due to not puting in Bill for the period apr may & jun09).

We are deposit the ST-154500. Now STax Dept demand the ST-20600 Rs which company not given to me.

can i get basic exemption limit benefit from very first year or not.
or any other solution on this matter.

Thanks


Vinky
15 January 2011 at 23:13

Work contract

Dear All,

As i am running business of Contractor registered with Indian Oil Corp. Ltd (public sector/govt. undertaking) which includes activities like const. / repair of roads, ecectrical pannels/cables, tank installation, Fabrication, building etc (all the work at petrol pumps). I am paying VAT 4% which is deducted at source & TDS. All the rates of IOCL is inclusive of all taxes.

Plz let me know is the service tax applicable on us & if yes how much & from which date.

plz let out a easy way as we have very little profits in our business.


A. Gupta
15 January 2011 at 20:00

Service tax on penalty payments

Dear friends,

Some times there are penalty clauses in contracts which require deduction of some amount out of the contract price in case of any deficiency or default i.e. if services will not be completed within one month, a deduction of 20% will be made out of total fees.

In this case, the service provider will raise the complete bill for total amount of contract fees. But the service recipient will deduct 20% of fees. Whether service recipient can claim full credit of input tax charged in the invoice even though it is making 20% deduction?

Thanks



Anonymous
15 January 2011 at 19:19

service tax refund

my service provider charge the service tax for full amount of bill, but as per govt. dicesion there are difference in the rate of gas. they refund me difference of rate amount but they not give me refund of service tax amount. they told me to take refund service tax from service tax dept. can i get refund of service tax? if not then what remedy for me to recovery of excess service tax

plz send me reply as earlier as


Nagendra
15 January 2011 at 17:22

GTA Service

Dear Friends

In Case of GTA service who is liable to pay service tax,when receiver of the service is Individual Or Unregistered partnership firm ?

And if GTA is liable for the same,can such liability be shifted by mutual agreement between parties ?

Because we the GTA service provider have entered in to an agreement with service receiver who is individual.He has accepted to pay the service tax liability.
He will be paying freight charges.

If he fails to pay the service tax,can department demand the same from us inspite of the agreement which we have entered.

Please reply.with the support of provisions in the act.






CCI Pro



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