A company renders consultancy serive to a foreign national and rcvs money in foreign currency.

shud the company chrg service tax in the bill.

The foreign company ppl gets coaching or consultancy in india though no branch exist. but payment is made by non resident. is ST applicable?

How recent ammendments affect the provisions (new budget 2010 passed)

I have filed an Original Return for F.Y.2008-09 & 2009-10 under wrong head and not taken a CENVAT credit also in such return. The time elapsed is two years now i come to know my mistake and want to revise the return under right head for both the years and take CENVAT credit.

How can i do it.

Kindly suggest the possible option at earliest.

I am a distributor of Mutual Funds. As per law, mutual fund houses, deduct service tax @ 10.3 % on brokerage payable to me, similar to TDS. Since my total brokerage income does not exceed Rs.10 Lakhs, I am exempt from payment of service tax. In my case can I claim a refund of service tax deducted by mutual funds. If yes what is the procedure to claim refund ?

What is the effect of the decision by the Larger bench of CESTAT in the case of Deliam Industries? Will one have to pay the service tax from 2004 on work contracts? What about the time barred case i.e. for the FY 2004-05?

Dear Sir,

I need your opinion on the following issue

One of Private Education Society Conducting courses which is recognized as well not recognized.

Wanted to know the Tax liability for both.

service provider providing Goods & Material provided like Books, laptop can get Exclusion from Value of Service.

Pls reply on Urgent basis & If have any case laws or notification pls send the same.

thanks in advance.

The Billed amount in a year is Rs.900000, But the amount received in the same year is more than Rs.1000000, i.e. it is like advance without billing.
Whether that entity is liable for registration???
If yes then when it is liable?

Dear All,

We are undertaking Manufacturing of RMC ( Ready Mix Concert).

1. We charged Vat at (12.5% + 2.5%) =15% on RMC when we used only our all Raw-materials (Cement, soil, water, chemical, etc )

2. We charged Vat at (4%+1%)=5% on RMC when only cement are provided by our client & customer.

In 2nd case we have to used cement of our client due to their contract agreement with their client as “they have to used only selected type of cement for construction work”

3 Generally RMC which are supplied by us to our client are used for construction of Building and Road.

4. We have not collect any service tax on it as this amount to manufacturing as per Sec 2(F) Central Excise Act.

5. Now service tax department has raised quarry in their audit in our concern that RMC manufacturing in which cement are supplied by our client is liable to service tax as it is not manufacturing. They conclude that this is JOB WORKS as cement is supplied by your client/ customer and liable to service tax under BUSINESS AUXILIARY SERVICE.

6. Further they Conclude that as RMC is Manufacturing as per SEC 2(F) OF CENTRAL EXCISE ACT. But as It is liable to “NIL RATE” under Central Excise Act.
 So RMC In which Cement are supplied by our client is JOBWORKS and is liable to Service Tax. Vide Notification No. 8/2005 under BUSINESS AUXILIARY SERVICE.
 Further RMC in which if we have used our Raw-materials for manufacturing it is not liable to service tax as it is manufacturing.

My question is whether RMC is Liable to service Tax under Business Auxiliary Service or not.
 If we used All our Raw-Material for Its Manufacturing.
 And Only Cement is supplied by our Client for Manufacturing of RMC

Kindly give your best opinion in this matter.

Dear ALL,

My doubt is fundamentally when is service said to have been rendered completely?

As in case of sale of goods.the sale is complete when all the risk and rewards associated with the sale are transferred.And the consideration is paid. So what is the principle for "services"


Thanks

How can find of commissionerate in service tax department site

Hi,
In the current finance bill there was service tax leveid on all properties under construction on the buyer. I have purchased a flat in Nov 2008, its still under construction. So far I have released 90% of the total sale value to the builder. Will I have to pay the service tax as part of this finance bill even though I have got into an agreement in Nov 2008? Any help on this would be highly appreciated.
Regards
Swaroop