Dear All.

I am working as an accountant in a Ltd Co.,

The day i took charge of the assignemnt, Our company was preparing, paying tax,if any as service provider and filing data for hlf yearly return under Service Tax Act on the basis of sales bills raised i:e mecantile system since registration.

I hv not change the methodolgy, since i dont find any reason to change., infact from the day i took the above assignemnt, we hv never paid service tax on services rendered by our company and hv been adjusting against service tax payment against set off available.

further officer in charge at that time hv justify his stand by reasoning that by paying service tax as and when bill are raised, it can save time for preparing unnecessary data and reconcilaition statement every month, since data is readily available from sales bills raised and accounted in books secondly there is no cash outflow for the company , since set off amount at our disposal, hence why spend time on unproductive information for filing return under service tax.

But when my new account's manager took charge, she told me to file Service Tax on Cash Basis as per Under Service Tax Rules 1994.

Rule 6: Payment of service tax
The service tax shall be paid to the credit of the central govt by the 5th of the month immediately following the calender month in which payments are received , towards value of taxable service.

But when i explain this to my manager that Corollary is payment of service tax to govt can be deferred till the receipt of the value of taxable services provided however i:e one can still opt and their is no barred for the assessee to make payment of tax on as and when billed. In such case dept will never make any fuss nor can raise any demand nor any notice on the subject matter

She is not aggreing with me and asking for the notification of which ST can be paid on mercantile method

Can any one give me the notification which state that ST can be paid on Mercantile Method

Regds
Jayaraman

dear All

I want to undstand the new formula given in finance Act 200

HI Experts

One of my client is an technological based company
they sale their their products as well as provide AMC(service) to their clients

They issue different bills to their for the goods & for the AMC(SERVICE INCLUDING SERVICE TAX )they provide
but their client give them the payment in lump sum amount .
The general credit period provided by the company is 3-4 months

EXample of the Query

GOODS SOLD to A in april Rs50000
AMC Provided to A in april Rs20000


After 3-4 months A gives my client a check of some amt say Rs 65000

.....
more goods as well as services are bieng provided to A during this period of 3-4 months.

MY QUERY :- HOW TO DIFFERENTIATE THE AMOUNT RECD FROM A BETWEEN GOODS & SERVICE PROVIDED
WHAT AMOUNT OF SERVICE TAX IS BEING PAID BY A

THANKS IN ADVANCE
WAITING FOR YOUR REPLY

I am going to apply for service tax registration number. can i take single registration number for more than one service????

at what time service tax is charge 1)at the of receipt of consideration OR 2)at the time of raising of bill

I wish to know if an imported 'readymade' application software either in 'digital/non-physical' form or 'boxed' form from USA/UK, when sold in India, does 'Service Tax' need to be charged to the buyers ?

As I understand, 'Tally' is also a readymade application software and buyers of Tally are charged only VAT @ 4% and not Service Tax.

Awaiting expert opinions.

Thanks.

G. Prakash

WE ARE MANUFACTURER ,RECEIVING MATERIAL THROUGH TRANSPORTER AND WE PAYING HIRE CHARGES , IN THIS CASE WE NEED TO PAY SERVICE TAX , BECAUSE TRANSPORTER IS NOT COLLECTING SERVICE TAX FURTHER WE ARE NOT REGISTER WITH SERVICE TAX DEPT AS WE ARE NOT SERVICE PROVIDER , IF WE PAY SERVICE TAX , CAN WE CLAIM SERVICE TAX UNDER MOVAT AND FOR THIS ALSO WE NEED TO REGSITER WITH SERVICE TAX DEPT.

I just signed up for a duplex house in hyderabad. The actual cost of the house is 50Lacs (PlotCost+CostofConstruction=9,33,000+40,67,000). Now the builder is charging ServTax@4.12% on 40,67,000=1,67,560/- and VAT@4% on 42,34,560(40,67,000+1,67,560)=1,69,382. The ST+VAT component is totalling to 3,36,942/-. Is this calculation correct??

As per my understanding of ServTax according to this link http://in.rediff.com/getahead/2005/aug/03tax.htm.

The Statement:
"With effect from June 16, 2005, exemption has been provided up to 67% of the gross value of services provided by the builder. Hence, service tax would be charged on 33% of the gross value."

33%*40,67,000=13,42,110/-. So ServTax=4.12%*13,42,110=55,294/-.

1.Is the above (55,294)calculation correct?? If not
pls explain in detail.

2.ServTax is mentioned as 12.36% in all matters, then how come its being charged as 4.12%? On what basis is this figure reached?

3.Am I being charged inappropriately by the builder??

4.When I was talking to another builder he told that VAT was charged at 1% and not 4% and that too it needs to be paid at the time of registration, so he asked me to reinquire again with the builder i'm signing up wiht. This put me in a BIG DILEMMA, as to whether i'm being taken for a ride or is everything fair.

5.My builder is insisting that I pay the ST & VAT by the time of 1st installment release of the bank loan.

6.The house is still under construction (70%complete), so am I still liable to pay ST/VAT at this stage itself or can I pay after taking possession of house, alongwith registration?

Sorry if i'm asking too much, as i'm not familiar with all these terminology. Just started reading articles on these and confused, until I came across this site. I hope my clarifications are answered in best interest of me.

i have crossed limit of rs.10,00,000 this uyear if suppose i dont cross limit of Rs. 8,00,000 in the next year than shall i requried to pay service tax if i have not collected the same and am i liable to collect the same or not

Dear All

A Pvt Ltd Co. is registered under service tax. The head office of the company is in delhi.The company has unutilised cenvat credit of Rs. 10,00,000.

The company has also taken a service tax number in mumbai.and providing service, but the co. is no where registered under R.O.C
now the company wants to change its registered office from delhi to mumbai for which petition is filed in court.

So How should a company utilise its unutilised cenvat credit.

Plz state sections and rules also so that the answer can be proved
NOTE:
As per Rule 10 of cenvat credit rules,can we say THIS A MERGER?



thx.

Shweta