Hi all,

Kindly resolve the following query:

Suppose, during the financial year 2008-09 upto Feb'09 a company (service provider deals with both exempted and taxable service) has paid service tax equivalent to the amount of tax collected from the client time to time and not availed any Cenvat credit at any point of time. Now, for the month of March'09 the company has calculated the Cenvat Credit amount by reducing the expenditure and wants to avail the same i.e. service tax is to be paid (by 31.03.09) for the month of March'09 after adjusting accumulated input credit (April'08 to March'09) . As such, balance credit if any will accordingly be carry forwarded to the next financial year 2009-10. The compnay wants to exercise-
a)Cenvat Credit Amendment Rules [Rule 6(3A)]as applicable from 01.04.2008
b) second option of rule as stated above i.e. not to pay 8% on exempted service and to follow reversal of credit.

Now, my questions are:

1. Can the Compnay utilise the accumulated credit after giving intimation to the Superintendent of Service Tax?

2. Is there any possibility that the accumulated Cenvat credit will be lapsed because of non availment upto Feb'09 ?

In view of the above situation, please guide me how and upto which period the company can utilise its accumulated Cenvat credit on input services.

Thanks in advance.

Dear Friends,

Please provide your valuable opinion on the following issue:

1. A labour contranctor supplies labour for construction work.(residential complex)

2. Whether service tax applies ?

3. If applies, whether the service is to be classified under residential complex services or manpower recruiting services?

Dear Friends,

Please provide your valuable opinion on the following issue:

1. A labour contranctor supplies labour for construction work.(residential complex)

2. Whether service tax applies ?

3. If applies, whether the service is to be classified under residential complex services or manpower recruiting services?

CAN SOME ONE ADVISE ME ON THE FOLLOWING

1. AT SHOULD BE FORMAT AND CONTENT OF A REGISTER TO BE MAINTAINED FOR UTILISATION OF SERVICE TAX CREDIT, WHICH WILL BE ACCEPTABLE TO SERVICE TAX AUTHORITIES.

2. WHAT ARE THE DOCUMENTS TO BE PRESERVED FOR AVAILAING THE SERVICE TAX CREDIT.

In case of an education institution, core activity (academic)falls under exempted category but the Institution also implements some projects which falls

under taxable services.
Since the common input cannot be segregated, we have decided for availaing input credit (service tax paid on security , house keeping, telephone, repair & maintenance , Insurance etc. )against payment of service tax in respect of projects.

These input credit would be taken from 25th March 2009 FOR THE FIRST TIME.

Service tax was paid in July 2008 and August 2008. Thereafter during September 2008 to February 2009, no service tax was collected and no service tax was paid.

Now service tax (input)from April 2008 to February 2009 which amounts to Rs.10,00,000

(100% in case of security and repair & maintenance and for otherSas per the ratio calculated as required under the service tax rule)

IS REQUIRED TO BE AVAILED AGAINST THE SERVICE TAX TO BE PAID IN MARCH 2009 AND BALANCE IS TO CARRIED FORWARD TO 2009-10.

Some body has advised us that there is a possibility of disallowance of input credit for the period April 2008 to June 2008 as we have paid service tax(output) in July 2008 and August 2008 without adjusting the input credit.

my queries are;

1. CAN WE AVAIL THE INPUT CREDIT PERTAINING TO JULY AND AUGUST 2008 AGAINST PAYMENT OF SERVICE TAX (OUTPUT)IN MARCH 2009.

2. CAN WE CARRY FORWARD UNUTILISED BALANCE OF INPUT CREDIT TO NEXT YEAR 2009-10.

My client is rendering student visa services under brand name of a chandigarh firm. Franchisee does not do any billing on franchisor. franchisor and franchisee share commission recd from foreign universities. Franchisor reimburses franchisee expenses as branch. IELTS classes are run independently by franchisee under prop. firm. Na share is paid to franchisor

Is service tax registration necessary to franchisee.

If client is billed separately for professional fees and ROC fees on MCA e-filing, is service tax chargeable on ROC fees reimbursed by client?

Thanks,

Dear Sir,
If i have provided a service on 24th Feb (a day before the ammendement in the rates) wat will be the rate of service tax on such service and within how much period should i raise the invoice... Pls provide me the relevant sections for the same

SEC.194I TDS AND SERVICE TAX CHARGED ON RENT
FOR E.G. 100000 RENT PLUS 12.36% S.TAX I.E.12360 AND 112360 SO TDS MUST BE CHARGED ON 1 LAKH OR ON 112360? AND WHY?
EXPLAIN LOGICALLY?

PLEASE CLARIFY?

Can interest charged on service tax paid be claimed as a deduction from the profit of the business in the year in which it is paid? If not , what is the usual accounting treatment?