Is there any penalty for non filing of nil
service tax return in time for 2010-11?

Hello Members, my query is regading claiming of CENVAT by Banks. Whether as Bank can take 100% CENVAT credit irrespective of the fact that they are also providing exempt services. Is there any notification in this regard.

I want transfer dan whts the Procedure regarding this. Any application has to be send to Institute or direct Transfer Form? pls solve my problem.

I am working in a I.T. company (e.s.t in 2009) the company is engage in trading activity only. We are not providing any kinds of services other than repairs which come under warranty (3 Years from date of sales not cover under service tax).

We have the VAT registration number & we are charging Sales tax on each and every sales transaction.

As we are not a service provider & we don’t have any Service Tax registration number but we are getting transport services from transporter (total services in the year 2009-2010 Rs.27,03,279/- & 2008-09 Rs.1,46,855/-) out of which Rs.21,06,980/-(F.Y.2009-10) inv not contain any service tax amount.



As we don’t have any service tax registration number that’s why we r not claiming any service tax refund which we paid to vender who provide a services with service tax like repairs & maintain, postage & courier, rent, telephone exp, audit fees…etc.



My question is ….

1) We are liable to pay any service tax on the transportation charges which we are getting by transporter?

2) We require service tax registration number (if yes which will be the service tax category)?

3) Can we claim setoff on the amount which we are paying for mention services?

4) The transporter have registration number but they are passing service tax on us this is the correct transaction?

A private limited compnay engaged in providing softwre services. It has both domestic and export services. Service tax is leviable for deomestic services rendered . What is the maximum % of input credit can be availed in the case , if seperate set of books are not maintained for domestic services and export services. Please let me know.

Thanks for your help.

Best Regards

it is compulsory to file ST 3 BY AN ASSESSEE IF HE HAS REGISTERED WITH ST DEPT (EVEN IF NIL).PLEASE CLARIFY THE FOLLOWING, WHICH IS FROM Circular No. 97 / 8 /2007

New Delhi, the 23rd August, 2007




6. Service tax return

6.1 The service tax return is required to be filed under Section 70 of the Act read with rule 7 of the Rules, by 'any person liable to pay the service tax'. This return is required to be filed on a half yearly basis, in Form ST-3. For the periods from April to September and October to March, it must be filed by the 25th October and the 25th April respectively. Further, ‘Input Service Distributor’ is also required to file this return. Persons who are not liable to pay service tax (because of an exemption including turnover based exemption), are not required to file ST-3 return.
WHETHER ONE HAS TO FILE STILL NIL RETURN OR TAKE SHELTER OF THIS CIRCULAR FOR NOT FILING

CA.VEERENDRA MURASHILLIN, HUBLI

Dear Friends,

One of my client got his company (Public Ltd) registered under service tax on say 1st Jan,2010. He got his company registered after receiving say 25Lacs taxable service receipt (crossing 9lac limit for registration) in his bank a/c.My query is:

1) Will he get minimum exemption limit benefit on initial 10 lacs or does he have to pay service tax on entire 25lacs?

2) Will he be entitled for cenvat credit for service tax paid during Unregistered period(before 1st Jan,2010)

A private limited compnay engaged in providing softwre services. It has both domestic and export services. Service tax is leviable for deomestic services rendered . What is the maximum % of input credit can be availed in the case , if seperate set of books are not maintained for domestic services and export services. Please let me know.

Thanks for your help.

Best Regards

Dear Sir

We have given a works contract to construct a factory shed, our total cost of contract is Rs. 26,00,00,000 for that we had paid Rs.5,00,00,000/- towards advance and as per agreement 30 % of the total contract amount has to pay to the contractor i.e.7,80,00,000 the contractor has raised a bill like this
release of progress amount i.e 30% of the total contract = 7,80,00,000.00
He added 4%as Compositiontax= 31,20,000.00
total = 8,11,20,000.00
less advance received = 5,00,00,000.00
total = 3,11,20,000.00
again he added work contract
service tax as 4% on 2,80,00,000 lakhs

i.e 11,20,000.00
and educ cess 2% 22,400.00
and sh cess 1% 11,200.00

total he billed 3,22,73,600.00


is this correct as we have to pay seperate composition tax @4% and work contract service tax @4%

please give me quick advice.

Regards
Rafiq

My query is related to service provided by 'Authorised service stations' ( 4 wheeler). We provide service even to customers of co-dealers who get their vehicles serviced with us for their convenience. These vehicles may be provided service free of cost because they might be having free service coupons provided by the manufacturer.Therefore money is not collected from the customer ie, he is not billed. Therefore no service tax liability. But this amt is later on collected from the dealer from whom the car has been purchased by the customer inclusive of service tax, so the service tax liability arises for us.
My question is can we take input credit in case of we paying money to some other authorised service station for their provision of service to our customer free of charge???Our CTO says we can't...please provide proper advice including reference to case laws. Thank You.