we are having one mlm company private limited doing business of agriculture bio fertilizers, insurance life as well as general by registering members and members are attract new members for registrations. members are paid commission for canvassing new members and selling products of company is company liable for service tax if yes can company deduct service tax from members commission

I want get clear that service tax is payable on which amount is it gross amount or net amount after deduction of any kind of loss to the transporter

Example :- Transporter A Billed Rs 1000 freight to Company B and aftre taking delivery of goods it found that some goods damage we paid transporter Rs950 after deducting the Rs 50 for damage hence the tax payable on rs 1000 or Rs 50 and what the percentage. if it is on Rs 950 than for Service tax audit purpose what are the documents we have to maintain.

Dear sir,
this has tha referance of GTA service tax. i know about the service tax exmpted limit.In Present time our company pay service tax over amt Rs.750.00 in direct recd & 1500 in the case of direct material recd.We have know that this amount are velid in present.
plase give the answer.
thank you.

kapil Kumar

Goods where despatched from factory to customer directly. The transporter has charged the service tax on the invoice.
Can we shall pay the service tax amount or we shall deduct the same and deposit to Gov. revenue? can we get service tax credit?

Dear SHRI CA.BHARAT BHUSAN

Commission income is chargeble to Service Tax under "Business Auxiliary Services" if you are doing any work in India for which you are receiving commission then it will be Taxable services in India.

You can not also claim the benefit of Export of Services...b'coz the proceeds are not received in foreign exchange.

If the procdeeds are received in Foreign Exchange then it will lible for Service Tax or exemption.

CA. SURENDRA GANDHI

Dear Sir,

I have received a chq on 30 june09 with ch date 28.05.09 but credited in july09 in my a/c. when the service tax should be paid. Pls treat it most urgent. Pls help me out as it is still unresolved.

Message
1.I am working with an S/W Company 100% EOU, registered under STPI & Service Tax, whether company can claim refund of Service tax paid on input services?
2. If both Local Taxable Services and Export Services are there then what will be the refund criteria.
3. How cenvat credit will be availed against local services?

Provided,
1. we are not making seperate books of accounts.
2. Most of the input services are used both for domestic as well as export of services.

Thanks for immediate & expert advise.

One of my client provide two type of service in two name Placement service and Loan Consultancy service. He has service tax no. and already file service tax return of placement service provided by him ( Rs. 50000 service provided ) now he already provided Loan consultancy service around Rs. 180000 is he Liable to pay service tax on 180000 loan consultancy service

Dear Sir
WE are SSI unit with our works and registered office at Rajgangpur Orissa.We had taken up a workorder from Tata Projects Limited based in hyderabad for fabrication and erection of 8 no. Coal Bunkers and 4 fuel Oil tanks at Vedanta Alumium Ltd Burkhamunda, Jharsuguda Orissa in june 2007. According to the workorder and terms of the contract it is clearly mentioned that service tax would be paid extra at the rate of 12.36%.TPL paid us the service tax on our first 2 running bills which we duly deposited with the service tax dept in the respective quarter.In the subsequent running bills TPL stopped paying us the Service tax amount.After repeated queries almost at the end of our completing the work order they informed us that they would only reimburse us the service tax amount after we submit proof to them that we have deposited the service tax amt in advance! We naturally disagreed as the service tax amt is more than 1lac by now and also we would run into legal problem with the servicetax dept.Also there is no guarantee that they would actually reimburse us the amount considering their past dealing with us.This is obviously a ploy on the part of TPL to evade paying the servicetax amount.I want add that there have been deductions including tds and also sometimes for additional bank guarantee retention money plus deduction due to site engineer not agreeing to our weights and calculation and making corrections decreasing the billed value.We have shown the Service tax amt charged separately in all the running bills.

Our Assesse avails of service provided by GTS (Goods Transport Agency)& also avails of other input services.
Can ST on GTA can be set off against ST on output services if abatement of 75% is taken.
If in above set off can't be claimed can it be claimed against other input services.

Also for GTA is different ST Return needs to be filed or it can be done in the same return along with other taxable services.

Please reply ASAP.Its urgent.