I request the expert to help me.

My client has a contract to do foundation work for a cell phone tower construction company.

suppose :

"A" is the cell phone tower construction company.
"B" is my client : a sub contractor only for the purpose of site formation and foundation work.
"C" is a local sub contractor(mason) hired by my client to do the entire site formation and foundation work.

There is a confusion regarding the service tax liability. Points to be noted are :

1. In the sub-contractor agreement "A" mentions that the quotation is inclusive of all taxes( ST has to be grossed up).

2. "C" is an unregistered service provider as his turnover does not cross 10lacs.

3. "B" has taken the sub contract from "A" and further sub contracted it to "C" for a profit margin of 5%. ( for eg: contract from "A" Rs.100 inclusive of all taxes. Contract to "C" by "B" @ Rs.95.)

4. If my client ends up being liable for service tax he will end up in a loss as his margin is only 5%.

5. Who is the principal contractor that will be finally liable under ST.

6. If my client is liable can he get CENVAT CREDIT for the service tax portion he pays ?

Dear Expert,
my client is a members club and under its premises it is operating restaurant (centralised A/C), Bar. and some time it is providing space to the members for some function.
My query is club is liable for service tax?
AS per discussion with various person i get that club and members are not different person there is a relation as principal & agent. and service tax applicable on service provided by one person to other for any consideration.
the other part is that if service tax is not applicable then what should i do about all taxable services provided by the club,like restaurant services, bar
pls give me the solution as soon as possible on urgent basis

thanks
ajit tiwary

We have submitted our online Service tax return for Oct - March 2011 on 12-4-2012 and it is rejected by system by given reason premises code is wrong.

later on we submit our Apri-june 2012 and july to sept 2012 service Tax return on time with new premises code and it is accepted by the system.

Now we want to know, Should we require to file our Oct-march 2011 return again and is any penalty is levied toward us and how much as on date

sir mere pass IDEA ki distributorship( Sim card , voucher ko aage retailer ko distribute kerta hu) hai .main kon si service aaonga , kya main BUSINESS AUX. SERVICE ( sale of goods of client) me aaonga? kya mujhe mega exemption 25/2012 ka benefit milega. is it cover in ch.29-f of mega exemption

Der sir
in manufacturing company.

service tax liability under seversecharge only.
What is due date for payments for month of march & other months
&
Can company claim as input of service tax and adjust with excise duty?

Is school running under society is liable to pay service taxon freight for transportation of stones for the building of school

A contractor who has taking registration of commercial of industrial construction.The dept claim from2004-09 due service tax with penalty & interest. Against lower authority order he filed an appeal with stay petition.His main contention was most of his job on the alleged perios was related to exempted category.He deposited Rs.2,54,000/-as service tax during pendency of the appeal out of alleged claim of Rs.3,05,729/-.The appeal & stay was heard by the commissioner Appeal on same day.Now Commissioner Appeal ordered Rs.1,00,000/- as predeposit for stay and again fixed a day for hearing of appeal.my queries is:(1)whether the order was valid?Whether total deposit of tax can exceed its original claim?whether there are no standard for pre-deposit?Whether discretion of pre-deposit order can be arbitrary?

I am confused about the notification 24/2012 which says in its Explanation 2 that the Service Provider can not get CENVAT Credit. Wheather this explanation is regarding option 2 (abatement Value) or option 1 (Service portion only).

Moreover,is there anything different in Reverse Charge Mechanism w.r.t. work contract i.e. POT, raising of Invoice, Cenvat Credit, refunds etc. or all these process are same for Work Contract also as other services in RCM

Hi ...

One of our client is resort.
In resort there is seperate bar Counter and Room Sales..
But there are collecting Service tax on above two counters not 12.36%.
Is there any abatement on Service tax on bar sales and Room sales..

DEAR EXPERTS

I WANTED TO KNOW THE APPLICABILITY OF SERVICE TAX IN CASE IF THE LAND OWNERS AND DEVELOPERS ARE THE SAME PERSONS.

SECONDLY IF LAND OWNERS FORM A PARTNERSHIP FIRM TO CONSTRUCT A COMPLEX IN UNDIVIDED LAND WHAT IS THE IMPACT.

THIRDLY, IF ADVANCE FOR BOOKING IS RECEIVED BY THE FIRM, THAN ON WHAT AM0UNT THE SERVICE TAX IS TO BE PAID.

LASTLY OUT OF ABOVE WHO IS RESPONSIBLE TO PAY THE SERVICE TAX LAND OWNERS IN THEIR INDIVIDUAL BASIS OR PARTNERSHIP FIRM AND ON WHICH AMOUNT.


PLEASE REPLY SOON...ITS URGEN