Sushma Mevacha
This Query has 1 replies

This Query has 1 replies

If A is providing engaged in providing the service of "Construction Services in respect of Commercial or Industrial Building" and he is paying service tax & availing the benefit of 67% abetment.
Now, in regards of this services, he is providing 2 types of services.
1. Labor with material (he is billing for total gross amount) and benefit of 67% abetment.
2. Only labor services (No material) in this case he is charging service Tax on 100% amount.

Now, in the Notification No. 15/2004-Service Tax for the said services it is said that
"Provided that this exemption shall not apply in such cases where –
(i) the credit of duty paid on inputs or capital goods has been taken under the provisions of the Cenvat Credit Rules, 2004; or
(ii) the commercial concern has availed the benefit under the notification of the Government of India, in the Ministry of Finance, (Department of Revenue) No. 12/2003-Service Tax, dated the 20th June, 2003 [G.S.R. 503 (E), dated the 20th June, 2003]."
Now our client has got contract for Construction from B, but he will only supply labor for that.
And A has given subcontract to C.
In the same regard, C will bill to A and charges service tax on 100% value (No abetment will be given) and A will bill to B.
In this view, here No abatement is available for three of them.. Can A take credit of Service Tax paid to C???


CA FARHAD ASPI SHROFF
This Query has 2 replies

This Query has 2 replies

Dear All,

One company is registered under Works Cont. Service under Composition Scheme. It also sub-contracts part of the contracted work & this sub-contractor is also registered under Works Cont. Service under Composition Scheme.

Question:
1) Whether the company can take credit of service tax paid on bills received from its sub-contractors?

I think it is yes.

Plz clear my doubts.
Thanks


srinivasan
This Query has 2 replies

This Query has 2 replies

19 February 2010 at 19:13

Late payment query

Dear sir


I want to know how to pay the service tax late payment to two quater in which the first quater of payment recieved in 10% & 12% and second quater of payment in 10%.so,please let me know how to fill up my Service tax challan (two quater or by separately )

Thanx

Srinivasan


rajesh
This Query has 2 replies

This Query has 2 replies

19 February 2010 at 19:01

Service Tax on more than one services

Dear All,

One of my client is providing three types of services. suppose A,B,C. Now individually value of services provided does not exceed basic exemption limit. But on aggregate basis the value of services exceeds basic exemption limit.
So my question is whether he has to take service tax registration or not?
Also I want to know if the once the basic exemption limit for service tax exceeds whether service tax will be levied on the value of the services begining from Rs. 1 or from the basic exemption limit?
Thanks


Anoop kumar Modi
This Query has 3 replies

This Query has 3 replies

19 February 2010 at 18:29

Inclusion of Branches in ST Certificate

Does Department includes branches address in Service Tax Certificate for " Input Service Distributor" as a part of the Form ST-2.



Anonymous
This Query has 1 replies

This Query has 1 replies

19 February 2010 at 17:39

Penalty

One of the service provider's father is very sick so he don't file their service tax return form 01.10.2007 to 30.09.2009 we have all discharge card from hospitalization. any provision to weave our late return filing penalty.


Pragnesh
This Query has 2 replies

This Query has 2 replies

19 February 2010 at 14:30

Registration of Service Tax

Dear Member
I had given servic to my client, After receipt of payment i had adjusted service tax against cenvat credit. later on i found that the service category falls under different category and i have to take separate registration of ST category. Now what is penlty for late taking registration Category and shall i adjust my this liabity against input credit after registration. Pls. Advice


geeta
This Query has 2 replies

This Query has 2 replies

19 February 2010 at 13:06

serrvice tax return

dear friendz....

please help me out in the following matter:


In service tax return form - in the column related with cenvate credit taken on input service , which figure will appear:


Total cenvate credit on expenses booked in a month Rs. 50,000/-
Cenvat Credit attributable to the expenses for which payment is done in the month itself Rs. 15,000/-


Kailash Joshi
This Query has 3 replies

This Query has 3 replies

19 February 2010 at 12:02

Service Tax over Inter Company Invoice

Facts

1. Party Involved: Client in India, ABC Canada, ABC India (Subsidiary of ABC Canada)

2. Contract: ABC receives the contract from Client in India. Afterwards, it fully transfers the same to its Subsidiary ABC India.

3. Transaction: ABC Canada raised the invoice to Client in India and other side ABC India rasied the invoice to ABC Canada.

4. Service Tax: ABC Canada need to pay the Service Tax on receipts basis whereas ABC India will pay the same at the time of Invocing to ABC Cananda as it is Inter Company transaction for them.

5. Problem : If Client in India deduct 50% money of Invoice then ABC Canada will pay ST accordingly and return only the 50% of amount to ABC India as the same it receive from client.

6. Query: As now ABC India only Received 50% amount so now what we do with service tax have already paid by 50% more over such invoice? Is there any relief or refund .. regarding this, please help…..


S. Anand
This Query has 3 replies

This Query has 3 replies

19 February 2010 at 11:59

Raising an Invioce in foreign currency

Dear Sir(s),
We have to raise an invoice against the existing agreement for services rendered on business support, on a Chinese company.

My query is whether we should raise the invoice on Indian currency or USD. As per the existing agreement the calculation is against a fixed percentage on a total USD value.

Please clarify
regards
S. Anand






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