What is the rate of interest on late payment of service tax, pl. quote relevant section.

a company has paid service tax in regular course of bussiness as service provider however in a few cases it has also paid service tax upon reverse charge as a service reciever of imported services.

the question here arises is that havinf paid the service tax as a service provider as well as a service reciever,is it required to file seperate return or will one return is sufficent ?

a company has paid service tax in regular course of bussiness as service provider however in a few cases it has also paid service tax upon reverse charge as a service reciever of imported services.

the question here arises is that havinf paid the service tax as a service provider as well as a service reciever,is it required to file seperate return or will one return is sufficent ?

Hello Freinds

In our case we had been paying Full Service Tax since 2007-08, without claiming any input credit of service tax and also not showed it in the return filed.

Now, on scrutiny we reveal this mistake. So, what remedial measures we can take while filing return of 2008-09.

Which perioud credit can we claim in this return.

Whether we have to file a revised return and if so then upto what perioud a revised return can be filed.

Thanks in anticipation

Gourav Mehta

sir,
we render maintenace and rent service.my query is that if the service bill date is 02/03/2009,but the service is for february 2009,what is the service tax rate applicable?can the bill be bifurcated ie.for services from 01/02/09-24/02/09 rate 12.36% and for services from 25/02/09-28/02/09 rate is 10.3%?

sir,
we render maintenace and rent service.my query is that if the service bill date is 02/03/2009,but the service is for february 2009,what is the service tax rate applicable?can the bill be bifurcated ie.for services from 01/02/09-24/02/09 rate 12.36% and for services from 25/02/09-28/02/09 rate is 10.3%?

we have paid excess service tax in 3rd n 4th quarters for the financial year ending 2008-09.

we din't adjust 3rd quarter excess in 4th Q

now we submitting return, now in return there is no column for claimin refund or to carried forward it in subsequent financial year.

plz help so that i can either claim refund or carried forward n take credit of it.

also send me procedure of anyone whatever passible.

We have raised invoice to our customer on 01-03-09 amounting to Rs. 55,150/- (Including Service tax @ 10.30%).

Customer booked expenses in their books & debited an amount of Rs. 1136/- towards TDS (@ 2.06%). We have recd TDS certificate but till 31-03-09 they have not released balance payment of Rs. 54,014/-.

Please guide me, whether our liability to pay service tax is arise in Financial Year 2008-09 or NOT

KIYOSH

Please refer the following order of Delhi High court dated April, 20th 2009:-
Companies cannot be subjected to service tax for renting premises to run their businesses, the Delhi High Court has ruled while disposing of petitions filed by some retailers against a government directive.

The court struck down Centre's notification, by which renting of immovable property for use in the course of business was brought within the ambit of service tax.

"We hold that law does not in terms entail that renting out of immovable property for use in the course of furtherance of business or commerce would by itself constitute a taxable service and be eligible to service tax," Justice B D Ahmed said.

The court passed the order on a number of petitions filed by corporate houses in retails sector, including Shopper's Stop, Lifestyle International and Fun Multiplex, challenging Finance Ministry's notification issued in 2007 by which rent was made taxable.

"The interpretation placed by the impugned notification and circular on the said provision is not correct.

Consequently, the same is ultra vires the said Act and to the extent that they authorised the levy of service tax on renting of immovable property per se, they are set aside," the court said.

my question is whether this is applicable to all across the india or in the satate of New Delhi.

Regards,
Suresh Choudhary

Dear Sir,

Plz help..
we r into cunsultancy firm & we charge serv tax in our in to the curtomers, but if a customer is not paying us the part of service tax we charged, Should we pay the Service tax for the same???

Thanks & regards,
Bharati Sharma