I have paid Rs. 40 lacs to builder for purchase of a flat as follows
Rs. 10 lacs 31-12-2009
Rs. 10 lacs 30-06-2010
rs. 20 acs 30-06-2011
The builder is paying interest on rs. 40 lacs @ 12% P.A. But the builder is also deducting service tax @2.5 % on rs. 40 lacs .Is he justified for Service Tax deduction . if yes under which provision

Respected Experts,

I have to file ST Return for oct-mar'12 and last date for the same has already been over. Now we are liable to pay Rs.500/- (upto 15 days case) as penalty. Now My question is, what is the code for penalty? We come under service "AIR TRANSPORT OF PASSENGERS" whose code is '00362" and if we fail to pay the S.tax in time, we are to pay interest under code "00363". Now pls let me know if I should pay penalty for late filling of return under this code only (00363) or is there any other code for penalty on late filling of service tax return?

Waiting for soonest reply.

Best Regards
XYZ

i have provided the services to the foriengn company in india as installing there machines which manufactures & import from outside.& i get the payment from other country in foreign currency, therefore in this case do i need to pay service tax ?????

my sister in law has a SOP which she wants to rent it to my brother's proprietorship firm. Also, my brother has a commercial gala which he wants to give on rent to that firm itself. They are providing architects services and are registered for the same service in the service tax dept.

What will the service tax implications for the FY 11-12? Will they both have to get registered with ST dept for the service?


Further, till now my sister in law was an employee there in FY 12-13 she will become partner in the firm and the premises will be on rent with the firm. What shud i suggest them for taking set-off the service tax they get?

sir,
i asking for this querry for my friend.He is given his 2 macheines (loaders) to a cement plat as 'contract for deployment of manpower along with LOADER for plant operation'..like hired by plant...now he not registered ST since last 3-4 years ..plant asked to ST registeration.Company saying they will give the ST amount from next month...so he not took any st amount previously and no have regestration (unaware of service tax)is there any complication about previously not paid any st?please guide him replying sir.....

Dear Sirs,

I am to lease my whole 21000 sft building to a hospitality group, which will use it as a guesthouse for Corporates at an annual rent of Rs 33 lac.

My queries are :

a. Is Service Tax chargeable on this renting under 65_105_zzzz or exempted as it will be used for the purposes of accommodation, including boarding houses and holiday accommodation.

b. Can I split the rent into parts (by separate agreements with the lessee) - one towards the building rent @ Rs 24 lac/annum and the second @ Rs 9 Lac/annum towards the rent of plants & equipments like Lift, Power Sub-station, 100% Power backup system, Aircons/Geysers (no furniture considered). Investment on these P/E is around 50 Lac and the Lessee agrees to this 9L/year.

c. Can I avail depreciation on these P/E at prescribed rates?

d. Is Service Tax applicable on this P/E rent (if rent splitting is legally permissible)? As it is below the threshold limit of 10 Lac/annum, should I register for ST?

e. Can I claim depreciation on this building. It has been approved by the local authority as a residential multi-storeyed building, but always be used for renting. I have separate residential property for my own use in the same city.

Thanks in advance,

Regards,

Bikas Das

In a work contract, If the work contract value is Rs. 100 and Vat is 4 %. Tell me how we calculate abatement and whether the Vat rate should also be abated

What is the logic behind having two different lists one for Negative List under Section 66D and other exempted list by way of Notification No. 12/2012 dated 16.03.2012

Dear Sir
we are engage in commercial Builders as a builders.
our one commercial mall project has been completed but there is some doubt about the service tax Liability.
so for protection in our self we mention a Para in sale deed As
" the seller has received form purchaser whole amount of sale consideration including service tax. The amount of service tax to be refundable by seller incase if service tax is not applicable in future."

one of my client has paid Service tax twice on the same turnover - once in March 2011- Q 4 end FY 2010-11 based on provisional invoice and again in April 2011 for Q 1 of 2011-12 based on receipts & final invoice. It is in two different FY & two different quarters - both Turnover & Service tax shown/accounted twice and Ser tax paid twice.

How to correct the mistake now? What is the procedure to be followed? What options available - Revised Return? Rectification ? Appeal ? & how to proceed.

Service tax excess paid Amount involved is around Rs.50,000.

Kindly advise. ( with references of support case laws & relevant sections)

Thanks & regards.

B S MANJUNATH, CA