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Debashis Mandal
05 March 2010 at 17:03

Charging of Service Tax

Respected Experts,
If a Co. providing AMC services of Electronic Appliances, can charge Service Tax on Annual Renewal fees of AMC Charges, where if any damage happens to any electronic appliances then such AMC co will also provide the spare sparts to such customer absolutely free of cost, now sale of any spare parts will not attract any Service Tax but only VAT, so if here as no sale of such spare parts is made so no VAT will be chargible, but is it possiable that full AMC Charge will attract Service Tax where the providing of spare parts is a conditional matter.
Thanks
Debashis


CA FARHAD ASPI SHROFF

Respected Sir/Mam,

One company is registered under works contract service and pays service tax @ 10.30% on services portion only. So, it takes credit of input services and capital goods. While execution of work, it uses certain materials which it imports and pays Basic customs duty, CVD & SAD on it.

My doubt is as that company is not taking benefit of composition scheme, so whether it can take CENVAT Credit of CVD (equal to excise duty) paid on such materials/inputs.

Please reply ASAP.

Thanks.


Srinivasan
05 March 2010 at 13:24

Service Tax adjustment

We are making payment of service tax collected immediately within 5th of next month (as per excise procedure), without waiting for the collection from the customers, to avoid manual tracking of service collected from customers.

In some cases, the customers rejecting the services provided to them by raising debit note. In such case, can we adjust the service paid on the original bill against the current month service tax liability, or whether i have to go for refund? Kindly explain with legal provisions.


joginder

Hello Friends,

My Company has taken a building on lease in Mumbai and out of which we have sublet some portion. Kindly guide be about taxability of service tax on this mater.

Note:- We are already paying service tax on other services like Goods transport by road and business auxiliary services so we are not SSI under Service Tax Act.

Also note that we have not paid till now any service tax on Renting of Immovable Property Service.
-------------------------
My another question is that if service tax will be charge on the said subletting service than whether a limit of Rs. 10 Lacs is available for this service.
or
Limit of 10 lacs is available for all services.

Kindly guide me with any circular or relevant case law help.

Waiting for reply


akbar
04 March 2010 at 16:31

Rate of Service Tax


Sir,
Kindly guide us how much rate applicable for the financial year 2009-10 and f.y 2010-11 also inform about suchagre and cess on service tax applicability at the earliest.
regards
akbar


motilal
04 March 2010 at 15:43

credit of service tax.

We are service provider of rented property.
we receive rent with service tax. My Question is : can we avail credit which we are paying like teliphone bill, AMC for computer ,Generator, Hired transportation etc. Kindly clearify .
For credit rules which books should i read kindly Advice me . Thanks you in Advance.


CA Pankaj

As per finance Bill 2010, Service tax on rent of immovable property as been introduced retrospectivly.

Pl advise, whether service tax is to be deposited with department for prior period along with interest on service tax or without interest?

regds


parag

my client is selling the perpaid card of mobiles where it card to Sell for Rs. 100 and the company sell the same to that agent for Rs.95

So here on the margin of Rs.5 Per Card, is my client will be Chargeable for Service Tax...?

Kindly explain the arguing Logic, if any to talk with the authorities for the same.


joginder

Hello Friends,

My Company has taken a building on lease in Mumbai and out of which we have sublet some portion. Kindly guide be about taxability of service tax on this mater.

PLEASE NOT WE HAVE NOT BEFORE PAID ANY SERVICE TAX ON THIS TRANXTION.

WHETHER SERVICE TAX WILL APPLICABLE ON MY COMPANY IF YES WHETHER ON LEASE RENT OR ON SUBLET RENT INCOME AND FROM WHICH DATE WE WILL COVER UNDER THIS SERVICE.


CA Jithesh C
04 March 2010 at 12:17

Rent payment

Dear Expert,

Let us know whether we should pay service tax on rent paid for commercial building.

Thanks






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