CA Suresh Choudhary
This Query has 2 replies

This Query has 2 replies

Dear Sir,
I am from Mumbai and need your advice on Service Tax Matter:
The Delhi high court has ordered that service tax on rent of Immovable property is unconstitutional. And the same is pending in Supreme Court.

So till the Supreme Court gives order what we have to do: - Should we collect the ST from the tenant or not to collect.
If we opt for later option and Supreme Court gives contradictory order then can we collect the service tax waived from the tenant?

Thanks in advance.


Anirban Mitra
This Query has 3 replies

This Query has 3 replies

11 May 2009 at 12:43

Reimbursement of actual exp.

Let, there are 2 firms-A & B. B is collecting some Professional fees from a third party. While the service is provided to that (3rd) party jointly by A & B. Since the 3rd party is paying the bill amount to B only, A is raising bill on B against its own portion of fees. It was previously agreed that 60% of total professional fees collected from the 3rd party will be payable to A inclusive of reimbursement of expenses if any. For the time being A has made some Expenses on behalf of B (such as boarding, lodging,etc.)and the reimbursement of the same is included in that 60% amount.
My questions are-
i) is the agreement forming any "pure Agent"-principal relationship, if yes-How?
ii)If no, should A collect Service tax on the gross amount(i.e.60%)or amount after deducting the actual reimbursement? Please refer applicable Sec./Rule/Notification/Cases if any.


RAJESH CHOUDHARY
This Query has 1 replies

This Query has 1 replies

11 May 2009 at 12:09

Service Tax on Rental Properties

Can we file the ST-3 (Half yearly service tax return) on line like the Etds return? If yes what are the procedure for the same.

Please reply ASAP because it’s urgent.

Thanks in advance.


Hitesh Moliya
This Query has 1 replies

This Query has 1 replies

09 May 2009 at 11:53

Taxable Service

I am providing both Taxable as well non taxable services. Till now I was not maintaining separate books of accounts due to which I was able to avail cenvat credit of service tax paid of only 20% of what was available to me. Is there any change in this budget relating to the availment of credit of service tax paid?


CA. VIKAS GUPTA
This Query has 1 replies

This Query has 1 replies

Hi Friends,
My client is a civil contractor and providing services of commercial contracts. As per the rules, he can claim abatement of 67% of the value of contract. My query is, whether he can claim CENVAT credit of input services e.g. telephone and audit fees if he claims abatement also.


jatin kapoor
This Query has 2 replies

This Query has 2 replies

08 May 2009 at 18:54

service tax on forex

As per rule 6(7B) of service tax rules 1994 amended by notification no. 19/2008 st dated 10.05.2008 service tax on forex will be charged @ 0.25% on amount of dollars exchanged(suppose) but the banks and other dealers are charging a transaction fees on which they are charging service tax @ 12.36% what is the correct procedure?




GANESH MENDON
This Query has 1 replies

This Query has 1 replies

08 May 2009 at 18:09

Service tax on Adevertiment

I have found that my client's advertising Agency does'nt charge service tax for advertisement given on News papers.instead of that,Ad agency share the service tax charged to them by news paper agency with our client(charges to our client)this is done becoz they also share discount given by News paper agency.
accordingly our client calculates TDS exclusive of this Service tax.
is this practice legitimate?
if not what wrong in this practice?


RAM SAINI
This Query has 1 replies

This Query has 1 replies

08 May 2009 at 17:08

REFUND OF SERVICE TAX

WE ARE MANUFACTURAR EXPORTER AND HAVE THE LARGE AMT OF SERVICE TAX CREDIT IN OUR BOOKS

CAN WE TAKE THE REFUND OF SERVICE TAX
UNDER NOTIFICATIN 41/2007 ST. 06.10.07

CAN WE TAKE THE REFUND OF ALL THE SERVICE TAX WHICH WE HAVE PAID EXCEPT FREIGHT OUTWARD

OR

WE CAN TAKE THE CREDIT ONLY ON THE SPECIFIC SERVICES

PLS ADVICE


Girish
This Query has 1 replies

This Query has 1 replies

08 May 2009 at 15:58

Excemption

Sir,
Pls correct me if I am wrong,
1.Service tax is excempted upto 10 lakhs of taxable services but can't avail CENVAT credit.
2.Any time during the year if taxble services exceeds ten lakhs, service tax is applicable on the balance exceeding 10 lakhs.

Thanks & Regards,
Girish


Prakash
This Query has 1 replies

This Query has 1 replies

08 May 2009 at 15:57

GTA******

Transporter have not charged Service tax in Bill for exemption and issued consignment note then our liability to pay service tax on this. Can we take Cenvat on Service tax paid for carriage Inwards in same month when we deposit to Bank?

If transporter has not issued consignment note and they have no service tax reg. no.then also will we have to pay service tax for this?






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