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Bhavik Davda

Dear Sir,
I have one query regarding Service Tax Refund
One of our client is in Export Business, He is specialist in export of Agricultural products, He procured the services from domestic parties regarding Laboratory, Certification, Clearing & Forwarding Agent, Insurance Companies etc. & they are only in export of goods so there is no scope for utilising Cenvat Credit. He got Registered himself in Service Tax under service called Transport of Goods by Road in 2007
Now they want to file their Service Tax Returns & Service Tax Refunds of last 2 years, I just want to know from you people that wht is the procedure for the same, I know how to file the Service Tax Return but I dont know wht is the procedure for claiming refund.
Our client is in Pure trading business they dont provide any service but then also they got registered under Transport of Goods by Road.
Kindly guide me in the issue asap.
Even I would like if any body will give me the Direct call my no is 09819839798
Thanking You


ejaz naiyer
11 March 2010 at 14:21

export of software

My one friend provides software service out of india. But i can not understand whether he is providing service or selling goods.
My Query is how I can understand whether he is providing service or selling goods.
And if he is providng service whther service tax shall be leviable on him?


Chirag Shah

One of my client (a pvt. Ltd. co) has entered into a Memorandum of Understanding (MOU) with a sub-broker (registered with SEBI) in the year 2006.

The Pvt. Ltd had good connection with clienteles dealing in shares and securities. The Pvt. Ltd. has employed staff to facilitate the broking activities and is holding all the assets namely office premises, computer systems, UPS systems, telephone lines and other movable assets in its name.

The sub-broker is having a remmisorship with a main broker and is duly registed with SEBI.

The understanding between both the parties is that the subbroker will open the accounts of the clients of the Pvt. Ltd under his remmiser code and provide the services of buying and selling of shares, F& O etc. In providing such services to the clients, the sub-broker will utilise the existing facilites of the Pvt. Ltd. Company.

Upon receipt of brokerage income from main broker, the sub-broker will pay the service tax and deposit it with the Service Tax department. Main broker will in turn reimburse the service tax to the sub-broker. 85% of the brokerage received by sub-broker is then paid to the Pvt. Ltd. Company as a brokerage

Now the basic question is:

Whether the Pvt. Ltd. company is liable to pay service tax in this case? If yes under which head?
Since the Pvt. Ltd. company is not registered with SEBI, will the Notification No.1/94-ST dt. 20.06.1994 along with the TRU dtd. 10/09/2004
iv) 3/94-ST dtd. 19/10/1994
iv) 63/96 dtd. June, 1996
iv) 141/ 96 dtd. 04/12/1996 be applicable to the above mentioned case? ( the ammendment exempting the sub-brokers to pay service tax was brought in the year 2009. Whereas the given case pertains to F.Y 2006-08, 2007-08 and 2008-09)
If the Pvt. Ltd Company does not fall under the purview of above mentioned notification related to sub-broker, will it be liable to pay Service Tax under business auxilary services ?


Kumaaravel.
11 March 2010 at 10:26

GTA

Hai,

i need a clarification on GTA. We are running a steel manufacturing unit at tamilnadu, and we using trucks for carriage inward. which the trucks are in the name of our directors name respectively. using the trucks in the basis of lease. permonth of lease charges is 8500/- remaining driver salary, maintenance of the trucks and fuel charges we are paying. now i want to know in this case GTA is applicable or not in the manner of Service tax., if its not so can you provide me the details alnog with either notification or section.

Regards

Vel.K


Kumaaravel.
11 March 2010 at 10:22

GTA

Hai,

i need a clarification on GTA. We are running a steel manufacturing unit at tamilnadu, and we using trucks for carriage inward. which the trucks are in the name of our directors name respectively. using the trucks in the basis of lease. permonth of lease charges is 8500/- remaining driver salary, maintenance of the trucks and fuel charges we are paying. now i want to know in this case GTA is applicable or not in the manner of Service tax., if its not so can you provide me the details alnog with either notification or section.
---------------------------------------------------
note: we are already enable GTA service which is more than 10 lacks turnover.

Regards

Vel.K


Arun Shetty

Hi,

The situation is that my client has booked a flat in a residential society under construction with a builder and has made partial payment for the same & also has paid the stamp duty as applicable during Feb 2010.

and as per the new finance bill as passed in the parliament, services of the builder is now covered under the service tax bracket.

Would be real help of your if you could tell me whether in my friends case, whether he'll be liable to pay the service tax?


Arulca

Dear sir,

Our company is exporter of Hosiery goods,and while making agreement with buyer ,he wants that agent commission is to be mentioned in the sales invoice and the same amount is deducted while making payment by the buyer and he remitting to their foreign agents.
In this case we are not dealing & concerned with the agent and they are directly paid by the buyer from our bill.
Now service tax authorities claim that service tax should be paid on foreign agent commission. We are claiming that we are not recipient of any service from the agent and also it is directly paid by the buyer .
Please clarify whether we are liable to pay service tax in this case.


PRASHANT PARIKH
10 March 2010 at 14:30

credit rules

WE CAN TAKE SERVICE TAX CREDIT ON "RECEIPT" OF SERVICE PROVIDER. IF YES, SO PLS. SENT EVIDANCE OF NOTIFICATION


Sushma Mevacha
10 March 2010 at 13:35

Export Related Services

Please advice for below said query..

A is engaged in the Weighbridge Service & registered with Service Tax department under the category of BAS.

Now one of his clients B denied to pay service tax & argued that they are exporter & are not liable to pay service tax.

When A again argued for Service Tax B agreed to give the Letter that all this service they are using is connected with Export Only, hence he is not liable for Service Tax.

My query is the Quote "Export Related Service" will be applicable in the case of Weighbridge Service??
Kindly answer the same with appropriate rules or Notification...


CMA. Subhash Kumar Jha

Dear all,

We are a Pvt ltd company. We have just been into domestic market. Accordingly, we are in the process of service tax registration.

We have done the online registration on ACES.GOV.IN & submitted the required declaration to the service tax division office. Now they are supposed to generate our ser tax code / certificate online in next few days, which we can view while logging in to the site.

My question is what will be the position of service tax paid in input service during this meantime (before having the ST-2)???

Its urgent.

Please reply






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