Dear Expert

Our company has hired vehicles from various CAB Operators. One of the CAB operator is claiming service tax on 100% bill amout rather than 40% i.e. claiming 10.30% service tax on 100% bill amount rather than 40% bill amount. I have asked him about this and he is replying that we are awailing 100% CANVAT Credit hence we are claiming service tax on 100% bill amount. So I request you to please explain me. If any service provider availaing 100% CANVAT Credit of Service tax then he can not get the benifit of ABETMENT? Please explain. I will be very thankful to you.

Hi,

I have a query regarding abatement and cenvat credit.
Services like construction of commercial complex has abatement (say 67%) so service tax has to be calculated at the rate of 10.3% on 33% of invoice value.
Can service provider take cenvat credit? please support your views with notification or any other authoritative documents if any.

Can an assessee take credit on the GTA paid on transport for Return of Duty Paid Goods back to factory? Similarly can the GTA paid on freight for transportation in sending of Machinery/ parts etc for repair or receiving back the same?

Dear Friends,

We have the contractor in our factory site for doing all civil works. For that what will be the current service tax rate on such works contract.

And is there any vat to paid from the company side (As per Andhra Pradesh Vat rules)for above such contracts.

And also what will be the accounting treatment for the above bills-like bill amount, service tax, vat and tds deduction.

Assesse obtains a contract of taxable service on which he is charging Service tax while invoicing to his client duly paying the same to the Govt.. Further if the assessee sub contract the same service. Is the sub contractor also liable to pay service tax to govt.

Hi,
I have booked a flat in May 2010 but agreement is not yet done.Now the builder is saying that from 1st july service tax is applicable. Flat costs Rs.2000000/-.(out of which 300000 are payable at the time of possession) what are the provisions of service tax regarding this? and on how much amount I will have to pay tax?

Reference to Rule 7C of Service TAx Rules, 1994 amended in 2007,,,,Penalty for delayed filling of Return is Maximum Rs2000.

Querry 1: Whether the penalty is leviable for NIL Return also ? (Last return filed was in time but was a NIL return).

Querry2:
The Assessee is applying for cancellation of Servicetax Registration by surrenderning the ST Registration Certificate, Since it ceased to provide taxable services,Whether the penalty is avoidable on this ground ?

Sir,

If a company assessee has provided services outside India, & received commission from outside India. The company also has made import purchases from the same company from whom it is receving foreign commssion and adjusted the amount of purchases against the commssion income. i.e. not received the foriegn commssion income in convertible foreign exchange, then will it also be covered under the export of Service Rules, & will be exempt from Service Tax. Please Suggest.

Sir,

If a company assessee is providing services outside india & receiving commission income in convertible foreign exchange from outside india. Then, whether, is it covered under Export of Service Rules, 2005 & exempt from the Whole of Service Tax.

One of our client has got registered with service tax in June 2010.They are totally in the business of service export.

However they wish to submit return for the period Apr-09 to Mar-10, for availing service tax credit on payments they have made during the previous year. Further they are ready to pay penalty for late submission of ST-3 return.

Can they do so?