Cir No. 108/02/2009-ST dt 29/01/09. No Service tax on contract between Builder & Buyer of residential flat VAT Cir-6 dtd. 30/01 Fresh/Revised VAT be e-return. so any one suggest me which tax is appicable for this its urgent plz solve my Q.

A private Ltd Company into 100% Export of Softwaer/IT enabled services Since no Service tax is payable export of Service Tax paid by it on various input Services like internet Leasline Expences, Telephpne Exp. & Proffosional charges etc.

Our company provides commission to foreign agents for getting the construction contracts abroad. As per the agreement, whenever Running Bill of contract invoice in respect of such oversees contracts are raised, the agreed percentage of commission on contract value is accounted for on the proportion of such RA bill. Such commission is accounted for on the basis of current exchange rate basis.

However, at the time of payment of such commission, the company has to pay more and sometime, less also. For example, the company has booked sale invoice of Rs. 10 lacs dollar upon which commission was booked @ 5% viz. 50,000/- US dollar @ Rs. 45 per USD. Therefore, the commission was booked at Rs. 22.50 lacs in accounts. However, at the time of actual payment of such commission, the rate of USD was Rs. 46 and therefore, the additional Rs. 50,000/- was accounted for under F/E fluctuations A/c.

Now, since such commission is covered under business Auxiliary Service, the company will have to pay Service Tax U/s 66A of Import of Service.

Please reply whether the company should pay Service tax on Rs. 22.50 lacs only or should pay on additionally paid Rs. 50,000/- also. What would be the case, if the rupee improves against dollar and company pay commission of Rs. 22 lacs @ Rs. 44/- per USD. In such a case, should company pay Service Tax on only Rs. 22 lacs.

Please study and reply the same and substantiate your reply on the basis of Rules or regultations issued under Service tax or any cout pronouncements.

my client is a factory and has entered into agreement with some agencies to process goods and transport the finished goods to agency. the transportation charges for this both inward and outward are paid by factory but reimbursed by agency after completion. who is liable for service tax on gta whether factory or agency?
supportive legal provision is appreciated

Thanks for your repvious information, i also want to know which kind of documents we need to get service tax refund.

Dear Experts. One of my clients is Manufacturer of utensils they are retailer as well as exporter. they are charged with service tax for ocean freight and clearing & forwarding charget etc. whether they can get refund of the same? whether they can ask the service provider not to charge service tax? Pls clarify.Thanks in advance.

Can anybody answer the following?

Our company sales our commodities by taking to customer place by company's own/registered vehicles after place the order of a customer. After supply the items, the customer didn't take immediately the items and delaying the vehicles. For delaying the vehicle for a stipulated time, we;re charging penalty after that time per day basis. In the billing we're showing the commodity value and this penalty value and paying VAT for both.

Is this penalty for delaying is liable for Service Tax? Please study and give answers

Hello Freinds,

I would like to know the rates of Service Tax; Cess & S.H.E.Cess ans its effective date from Apr 2005 to Mar 2006; Apr 2006 to Mar 2007; Apr 2007 to Mar 2008 and Apr 2008 onwards.

Our is basically a private company that exports raw materials(which we buy in India) to some of our UK clients. We dont sell anything in India. But now we are about to do some services(out sourcing services) to one of our Indian clients. So should we charge service tax on it.
Say that all the income we get from rendering such services does not exceed Rs 5 lakhs.

Please help me in this issue.


Thanks & Regards
Arihanth

Our is basically a private company that exports raw materials(which we buy in India) to some of our UK clients. We dont sell anything in India. But now we are about to do some services(out sourcing services) to one of our Indian clients. So should we charge service tax on it.
Say that all the income we get from rendering such services does not exceed Rs 5 lakhs.

Please help me in this issue.


Thanks & Regards
Arihanth