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Kapil Jain
06 August 2010 at 13:37

when credit allowed

Dear Friends

We are liable to excise duty
We take credit of service tax in payment of excise duty.
Now the question when we may take credit if
a. we make part payment to a party which cover full amount of service tax.
b. On freight – as the date of payment would be next monts.


aditya dubey
06 August 2010 at 12:20

adjustment of service tax

Dear experts

can company adjust the excessive service tax paid in earlier month with the current month srvice tax liability if yes, what are the provisions and compliance thereof?

Thanks
regards

aditya


Anil Kumar
06 August 2010 at 11:40

Form St 1

As per new form of ST1 of ACES

i am confused a registration of Proprietorship business service tax registration.

let proprietorship business name is ABC Co. and Prop Name is Mr. X

PAN is AAAPS0000E.

Help me how will fill in ST 1

pls clearfy that the business should be Applicant name of Prop. Name shoud be applicate name if prop name is applicant then where fill business name.

Thanks



Anonymous
06 August 2010 at 10:20

SERVICE TAX ON GUEST HOUSE

WETHER SERVICE TAX IS APPLICABLE ON GUEST HOUSE SERVICES OR NOT. IF YES THEN PLEASE GIVE DETAILS OF SERVICE & SECTION NO. & IF NO WETHER ANY CASE STUDY WHICH SUPPORTS IT?

THANKYOU


Girish Sharma

Dear Sir,

One of my client is levying charges on cold storage, which he provides his customers for keeping their material. Does the charges levied by him amounts to rent. If yes, is he liable to get himself registered under Service Tax.

Is the position different if he gives the cold storage to one person only on fixed monthly rent.

Thanks


Nilesh K
05 August 2010 at 17:21

Service Tax On Rent

Significant composition of the income of the company is from rent of residential properties. Whether service tax levy is applicable - if yes, with effect from what date.

What is the company has not collected any service tax from the rent payers till date - would they have to pay the service tax from out of the rent amount collected earlier or can they attempt to proceed and charge the levy of earlier year service tax NOW?

Company has also been collecting from the occupants of its premises certain expense reimbursements in the nature of occupants' contribution towards property taxes, electricity and common repairs & maintenance, etc. Will these collections also be subject to levy of service tax even if in the nature of proportionate reimbursement contribution.


CA Suresh Choudhary

As per Delhi High Court rent on Immovable property held unconstitutional so we can not collect the Service tax from the tenant.
Later on in the Finance Bill the definition of Renting is amended and Immovable property renting is included in the Service tax net retrospectively from 1.6.2007.
So as of Now what is the status on Renting of Immovable Property as far as Service Tax is concerned?
Do we have to collect the Service and pay to the Government?

Can any body guide me on this matter.
Thanks in Advance



Anonymous
05 August 2010 at 15:24

how to correct

Dear Experts,

One of my friend is doing business of Labour Supply ( Installation & Commissioning) of Conveyors, Robots etc on Labour Rate basis. His FY 2009-10 gross receipts was Rs. 12,00,000/- approx till today he do not service tax no. and not applied for what is the procedure to take ST registration. What is the lib. of service tax. His current year turnover is Rs. 4,00,000/- approx.

please advise

thanks in advance


regards,

Jitu


Nadeem Ahmed

Dear Experts,

A builder in Noida is charging Service Tax @ 10.3% on Lease Rent from the buyers of his underconstruction RESIDENTIAL project. Views have come that Service Tax on Lease Rent (payable to Noida Authority) is leviable only on COMMERCIAL properties and not RESIDENTIAL projects and as such the said builder is wrong in charging ST on Lease Rent on buyers of residential flats.

As per my understanding the financial act 2010 , clearly means that service tax on lease rent is for those construction which
are commericial/future bussiness. The Finance act, 2010 has made the following important amendments relating to Renting of Immovable Property Service: (section 65 (105)(zzzz))

‘Renting’ activity itself regarded as taxable service (Retrospectively amended from 1 June, 2007) Renting of vacant land for construction of building /temporary
structure at later stage for furtherance of business or commerce regarded as taxable service.

As lease agreement is between Noida Authority and end user of a residential project in the area marked for Residential purpose only, no business or commerical angle comes in picture.

In this background, please advise if the builder is right or wrong in charging service tax on lease rent for undercontruction residential project in a specifically marked 'residential only' area.


SANJAY KUMAR AGARWAL
05 August 2010 at 13:50

Tol tax collection

whether Tol tax Collection (on roads/Bridges) comes within the preview of service tax , if yes:

1. What is the basic exemption limit

2. What rate is applicable

3. Under which section of the act.

Thank you.






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