CA Pramit Mishra
01 April 2009 at 16:46

Delay in payment of service tax

Dear Group Members,
We forgot to pay service tax liability for the month of march 09 which was to be paid upto 31st march 09. Can any one tell me about the INTEREST & PENALTY consequences separately.


Sunil Bagade

Dear Sir / Madam

Greetings of the Day !

My company carries the Hospitality Business & have Service Apartments Hotels.

We need the opinion on the following points regarding the service tax.

Present Tax Structure for the Banquet hall with the food supply

PRESENT TAX STRUCTURE FOR BANQUETS
PARTICULARS AMOUNT SERVICE CHG. SERVICE TAX VAT TOTAL TAX INCL. SERVICE CHGS
FOOD 100.00 5.00 6.48 13.13 24.61%
SOFTDRINK 100.00 5.00 6.48 13.13 24.61%
LIQOUR 100.00 5.00 6.48 21.00 32.48%
MISC. 100.00 5.00 10.81 0.00 15.81%

• 40% abetment is taken on F & B for Service Tax.
• Vat charged on Full F & B including service charge
• No abetment is taken on Misc. under convention

In the above case the total tax comes to 24.61% on F&B & 32.48% on liquor which is very high.
Even we cannot take Service Tax Input Credit being the abatement taken.

We need the opinion in the above case:

• Can we make one bill defining the service (hall rental) & food sale with the respective taxes ?

• What will be the basis for service : sale ?

• Can we split the bill for service (hall rental) & food sale? If we can split the bill what will be the basis for services : sale.

• In case of Out Door Catering what will be the tax structure.
• Can we take input credit on misc., its been fully taxed

Please reply with the details so that all the confusion gets over. Thanks in advance


DARSHAN
01 April 2009 at 15:26

EXCESS PAYMENT

BY MISTAKE ASSESSEE HAS PAY EXCESS PAID SERVICE TAX SO,HOW I WILL DISCLOSE IN FORM NO. ST-3 AN EXCESS AMOUNT IN WHICH COLUMN?


Abhishek Ved

Dear Sir,

We are Hiring vehicle for our company , (1) should we pay service tax on vehicle hiring ,
(2) if yes , what should be the rate of Service tax
(3) What is the rule of abatement


Anurag

I'm a Tour Operator & Travel Agent based at Agra. I get my Domestic & International Ticketis issued by an IATA Agent in Delhi. For which my associate agent in Delhi issue Invoice in favour of my company, and charge Service Tax @ 0.6% on Basic Fare (in case of Domestic Tickets and @ 1.2% on basic fare (in case of Int'l air tickets).

I also issue my Invoice for the same ticket to hand over to my clients and charge the same rate of service Tax (as by my associate agent in Delhi.

Means, I charge the same amount of Service Tax, which I have already paid to my Associate Agent in Delhi (who is issuing tickets for my clients).

So my question is that-

1.Would I be entitled for Cenvat Credit of the Service Tax/ Cess, which I have already paid to my Agent in Delhi??

2. If I'm entitled for Cenvat Credit, should I not pay any Service Tax/ Cess (locally in Agra) for the tickets issued thru my agent in Delhi.

3. I came to know that if one claims Abatement, he is not entitled for Cenvat Credit. As I'm charging my clients @ 0.6% and 1.2% on the basic fare of tickets (means I have claimed the Abatement), will I be entitled for Cenvat Credit??

4. If I'm not entitled for Cenvat Credit, I would be paying DOUBLE Service Tax/ Cess (1. to my Agent in Delhi & 2. in Agra locally), where as I'm charging the Service Tax from the client only for one time.

Paying the service tax/ cess for the second time (locally in Agra) would reduce our profits. IS IT JUSTIFIED??

KINDLY ADVISE.

Yours Sincerely,

Anurag


Anurag

I'm a Tour Operator & Travel Agent based at Agra. I get my Domestic & International Ticketis issued by an IATA Agent in Delhi. For which my associate agent in Delhi issue Invoice in favour of my company, and charge Service Tax @ 0.6% on Basic Fare (in case of Domestic Tickets and @ 1.2% on basic fare (in case of Int'l air tickets).

I also issue my Invoice for the same ticket to hand over to my clients and charge the same rate of service Tax (as by my associate agent in Delhi.

Means, I charge the same amount of Service Tax, which I have already paid to my Associate Agent in Delhi (who is issuing tickets for my clients).

So my question is that-

1.Would I be entitled for Cenvat Credit of the Service Tax/ Cess, which I have already paid to my Agent in Delhi??

2. If I'm entitled for Cenvat Credit, should I not pay any Service Tax/ Cess (locally in Agra) for the tickets issued thru my agent in Delhi.

3. I came to know that if one claims Abatement, he is not entitled for Cenvat Credit. As I'm charging my clients @ 0.6% and 1.2% on the basic fare of tickets (means I have claimed the Abatement), will I be entitled for Cenvat Credit??

4. If I'm not entitled for Cenvat Credit, I would be paying DOUBLE Service Tax/ Cess (1. to my Agent in Delhi & 2. in Agra locally), where as I'm charging the Service Tax from the client only for one time.

Paying the service tax/ cess for the second time (locally in Agra) would reduce our profits. IS IT JUSTIFIED??

KINDLY ADVISE.

Yours Sincerely,

Anurag


Anurag

I'm a Tour Operator & Travel Agent based at Agra. I get my Domestic & International Ticketis issued by an IATA Agent in Delhi. For which my associate agent in Delhi issue Invoice in favour of my company, and charge Service Tax @ 0.6% on Basic Fare (in case of Domestic Tickets and @ 1.2% on basic fare (in case of Int'l air tickets).

I also issue my Invoice for the same ticket to hand over to my clients and charge the same rate of service Tax (as by my associate agent in Delhi.

Means, I charge the same amount of Service Tax, which I have already paid to my Associate Agent in Delhi (who is issuing tickets for my clients).

So my question is that-

1.Would I be entitled for Cenvat Credit of the Service Tax/ Cess, which I have already paid to my Agent in Delhi??

2. If I'm entitled for Cenvat Credit, should I not pay any Service Tax/ Cess (locally in Agra) for the tickets issued thru my agent in Delhi.

3. I came to know that if one claims Abatement, he is not entitled for Cenvat Credit. As I'm charging my clients @ 0.6% and 1.2% on the basic fare of tickets (means I have claimed the Abatement), will I be entitled for Cenvat Credit??

4. If I'm not entitled for Cenvat Credit, I would be paying DOUBLE Service Tax/ Cess (1. to my Agent in Delhi & 2. in Agra locally), where as I'm charging the Service Tax from the client only for one time.

Paying the service tax/ cess for the second time (locally in Agra) would reduce our profits.

KINDLY ADVISE.

Yours Sincerely,

Anurag


sridhar
01 April 2009 at 14:21

Cenvat in put credit


If a Company pays freight to 'Goods Transport Agency', Then company is liable to pay Service Tax to Govt.

So, the service tax amount to be taken as 'input credit or output Credit' if take as putout credit then it can be setoff to input credit?


Devaraja H.P
01 April 2009 at 14:08

Cenvat credit of service tax

sir ,
we are service provider can we claim the input service tax on input service like rent , courier charges , telephone charges 100% our turnover is not more than 15 lack.


Devaraja H.P
01 April 2009 at 13:58

cenvat credit on service tax

We are providing taxable service and our turnover is not more than 15 lacks can we claim the input credit full on input services like telephone charges , courier charges , rent etc can u give any examle.






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