Nagendra
This Query has 1 replies

This Query has 1 replies

15 January 2011 at 17:22

GTA Service

Dear Friends

In Case of GTA service who is liable to pay service tax,when receiver of the service is Individual Or Unregistered partnership firm ?

And if GTA is liable for the same,can such liability be shifted by mutual agreement between parties ?

Because we the GTA service provider have entered in to an agreement with service receiver who is individual.He has accepted to pay the service tax liability.
He will be paying freight charges.

If he fails to pay the service tax,can department demand the same from us inspite of the agreement which we have entered.

Please reply.with the support of provisions in the act.


geeta
This Query has 2 replies

This Query has 2 replies

15 January 2011 at 16:42

input tax credit

how to do the accounting treating of input tax credit in services?


Gopal G
This Query has 1 replies

This Query has 1 replies

While working with client, I came a across one practical situation of service tax liability on reimbursement. Please suggest a correct answer to decide in below situation.

Situation:

X a company engaged in retailing business. X purchases apparels of different brands from several vendors for selling it out in its store. For that, X have an agreement with all vendors to retain the margin on selling amount to be paid to them (It seems like consignment sales, but it is a regular purchases and not on consignment). As per the agreement all vendors should send their own staff to sell their product in counter. If in case, vendor fails to give staff to sell the product in counter, X should depute its own staff and vendor should reimburse the cost of this staff. X deputed few staffs and charging to vendor for the cost of these staff (only the amount paid to staff). Should X liable to collect and pay the service tax on this? If X is not a specific service provider in man power recruitment and supply, is it makes any difference (X has not registered for this services)?

Please any one give me correct answar, as the case it would be, but mention case laws if it is available



Anonymous
This Query has 3 replies

This Query has 3 replies

While working with client, I came a across one practical situation of service tax liability on reimbursement. Please suggest a correct answer to decide in below situation.

Situation:

X a company engaged in retailing business. X purchases apparels of different brands from several vendors for selling it out in its store. For that, X have an agreement with all vendors to retain the margin on selling amount to be paid to them (It seems like consignment sales, but it is a regular purchases and not on consignment). As per the agreement all vendors should send their own staff to sell their product in counter. If in case, vendor fails to give staff to sell the product in counter, X should depute its own staff and vendor should reimburse the cost of this staff. X deputed few staffs and charging to vendor for the cost of these staff (only the amount paid to staff). Should X liable to collect and pay the service tax on this? If X is not a specific service provider in man power recruitment and supply, is it makes any difference (X has not registered for this services)?


Please any one give me correct answar, either case it will be,but with case law if it avilable.


Thanks & Regards,
Gopal Gaonkar



Anonymous
This Query has 1 replies

This Query has 1 replies

14 January 2011 at 18:47

intellectual property services

Whether brand owners providing right to use of their brand and technical know-how fall
under intellectual property services?


Binod Dwivedi
This Query has 4 replies

This Query has 4 replies

14 January 2011 at 17:19

Non Receipt of Service Tax

We are the security services providing company.

Our problem is one of the client does not release the service tax amount charged in the invoice along with the inovice payment. They release the service tax amount separtley after 2-3 months of release of invoice payment. What should we do ?


Nachiket Vasantgadkar
This Query has 3 replies

This Query has 3 replies

14 January 2011 at 13:03

Pure Agent & Expat Salary

Dear Sirs,

We are a Indian Company (100% subsidiary of Foreign Company). Expats are deputed in India and work only for Indian Company. (this is supported by Deputation agreemnt which clearly mentions the expats to work as per policies, rules and regulations of Indian Company and foreign company do not have any infuence).

The Expats are paid as below:

1. Portion of Salaries and related benefits is paid abroad by Foreign Company and Debit Note is raised on Indian Company on Quarterly Basis to reimburse this amount.
2. Portion of salary is paid in India to Expat.

Here assuming the expat is working as a Pure Agent for Indian Company and reimbursements are made on actual basis to Foreign Company, this transactions are excluded from service tax payments.

Kindly Advise


umesh
This Query has 1 replies

This Query has 1 replies

14 January 2011 at 12:55

Service Tax in invoice

Friends,

Should we as a company be charging service tax for customized software development for a client of ours?

And is our client entitled to deduct TDS @ 10% on our invoice amount?

We were shocked to discover a cheque of only 90K against our invoice of 100K
Is there any way of recovering that money?

Thanks


apoorva maheshwari
This Query has 3 replies

This Query has 3 replies

Company A in india receives legal consultancy service from a company B in singapore. the Compnay B has charged GST in its invoice which is duly paid by the indian company.

Now, the question is whether Company A is liable to pay service tax in india being recipient of foreign services or not? if no, why?


manish jaiswal
This Query has 1 replies

This Query has 1 replies

13 January 2011 at 18:15

double tax

Sir, I want to know that can we save the service tax by spliting the consolidated bill( fooding and service charge) of banquet under the banquet service i.e. provided by hotel. Because we are paying VAT as well as service tax (with abatement)on consolidated bill.






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