if we are charging service tax at full rate in our invoices but one of input service is at 2.58% rate? can we claim cenvat credit on that amount as input service tax?

As it is amly clear that if i am claiming the benifit of abetment rate then i can't claim for cenvat credit of any rate? but is that aplicable for the case when you are charging service tax at full rate but the input service is at discounted rate?

one of my client is doing water proofing work he provides labour and material is provided by his client. is this service is taxable for service tax his turn over is more than 10 lakh. which comes in his bank account and than he paid labour charge and his profit is nearly 10% of total turn over.

what best you will sugest to him

is there any changes in service tax rule that responsibility to deposit service tax to government transfered to consignee or consignor from transporter in Transport Service Sector
Thanx.

X Ltd is an exporting company.It entered with an agreement with a partnership firm,say Y. Y will act as a pure agent for X ltd as per service tax (Determination Of Value Rule 2006) Rule No-5.Y as a service provider,procure service from 3rd parties and provide it to Xltd, which is the service recipient.Y pays to the 3rd party the value of service including service tax which subsequently reimbursed by X ltd.that means if Y paid Rs100+service tax 10,X Ltd reimbursed 110 only not more.The 3rd party raises bill(100+10) in the name of Y.In this example,considering the concept of pure agent as per service tax (Determination Of Value Rule 2006) Rule No-5

Whether input service tax credit can be taken by the service provider Y, or service recipient X Ltd or none of these.

My second question is whether input service tax credit can be carried forward to an unlimited period or it will lapse?

we are a skin-care clinic. we provide laser treatment and other therapies such as chemical peels for skin problems such as pimples, scars , marks,excess pigmentation etc.(very similar to kaya skin clinic). would any of our services come under the tax-exempt category. we are registered under beauty parlour services.

WHETHER AN ASSESSEE CAN CLAIM SERVICE TAX REFUND IF PAID TO GOODS TRANSPORT AGENCY0 OR SHIPPING CO.'S ON FREIGHT OR OTHERWISE, WHILE EXPORTING GOODS. IF YES,
WHETHER WE HAVE TO FILE OUR RETURN IN SERVICE TAX OR IN EXCISE AFTER TAKING THEIR REGISTRATION NUMBERS.(ALSO THE ASSESSE IS NOT DEALING ANY TAXABLE SERVICES, HE SIMPLY A MANUFACTURER OF GARMENTS)

WHOM TO APPLY.

IS EXPORTERS ARE ALLOWED TO TAKE REUND OF THE PREVIOUS YEARS ALSO, FOR WHICH THEY WILL FILE RETURN IN PRESENT. MEANS PREV. YEAR FOR WHICH REFUND IS CLAIMING F.Y. 09-10, RETURN FILED IN PRESENT.

Dear Exparts,
I have a query regarding availment of CENVAT credit on GTA service by Centralised regitrant. For example say there are three manufacturing units 'A','B'& 'C' of the same industrial group.One of the unit say 'A' is centrally registered for payment of service tax on to GTA service in respect of all three units .'A' pays service tax on GTA service in cash for all three units, takes credit of the amount so paid and sets of against his own central excise duty liability.
Now question is without taking registration as ISD, whether it is legally correct on the part of 'A' to utilised the credit wholely aginst his own tax liability. Thanking you in advance. S.S.Roy

one of my client is doing business as a travel agent. what will be his turn over. if he is geting 100000 gross than his commision is 15000. than what will be his turn over for service tax registration 100000 or 15000

Dear Experts,

We are in helicopter chartering business.I need to inform you that we just gave our service to one of our customer in kedarnath and badrinath. This customer has paid us advance payment by cheque(not in cash) and want us to issue him an invoice without service tax. Pls suggest me how to issue him an invoice without service tax? What other service I could show in our invoice that is not in area of service tax?
I have tried to make this customer convinced about the service tax payable but he doesnt want an invoice with service tax. He said that he will not claim service tax credit for the same. Kindly suggest me on the same.

Thanks n regards
Preeti

Dear Members,

Please guide me with respect to the following.

One of my clients which is a private limited company and a manufacturing exporter of leather products gets it's products fabricated from outside fabricators.

It issues all the components e.g. cut leather, lining cloth, thread, adhesive, accessories etc to the fabricators who in turn get the stitching and assembling done applying their own labour. They are paid on piece rate basis on a pre detrmined rate after deducting TDS.

My queries are:
1. Whether service tax/VAT is chargeable on the fabrication charges paid.

2. If yes whether the company is liable to pay service tax/VAT if the fabricator fails to do so.

3. Whether it would make any difference if the fabricator works exclusively for the company and uses only machines owned by the company and leased out to the fabricator.

Thanks & best regards,

CA Kesari Radhey Shyam
93307 14648