AJAY
This Query has 2 replies

This Query has 2 replies

12 November 2008 at 11:27

Service Tax on Entertainment Provider

Hello to my All Friends !

I m PCC student,
I have one query abt Service Tax on Entertainment Providing Company.

I have seen one case where i m going to discuss !

Here is one Owner who has given his theter to one Entertainment Com. Like Adlabs, Cinemax etc..


He get rent every month but not Service Tax.
He is issuing bill with service tax as per Lease Deed.

He is not receiving Service Tax although he is paying it every month.

After some time that Ent.Co. gave notice
to leasor that they are entertainment com. and their case is running in the Court,,

Now, is it coumplasry for Lessor to pay Service Tax ?
and if he pay, will he recover that service tax from Ser. Dept. if the result of that case in Ent. Com. favor ?

Please suggest me what should be lessor has to do in this case he has to pay or not pay or how to pay?

Thanks


CA Om P. Sharma
This Query has 2 replies

This Query has 2 replies

12 November 2008 at 11:19

Service Tax- GTA- water tankers

We are in construction indusrty. We receive water by water takners. Whether we are liable to serivce tax on water supllies under GTA. As per the defenition of GTA one who provides transport services in resepect of Goods by road & issued consignment notes. Since water suppliers are supplying their goods to our site in their own vehicles (may be hired, but we are not paying any charges in the name of transportaion) & they are not issuing any consignment note. In my view water supplier are not GTA & we are not laible to Service tax. They do not show water charges & transport charges separately in their bills.Can anybody clarify the position.


indira
This Query has 5 replies

This Query has 5 replies

12 November 2008 at 10:07

TDS on Contract Value

Dear All,

We are a consultancy firm and while charging the client there are two parts 1. Contract Value 2. Service Tax
The Client is deducting TDS on the total amount Invoiced by us.
Please tell me should the client deduct TDS on the Contract Value or the total value which includes Service Tax


bipin.m.patel
This Query has 2 replies

This Query has 2 replies

12 November 2008 at 10:03

validity of invoice

If a contractor raises an invoice in which he charges services tax for his services as well he also charges for vat for material he supplied.for example
manpower supply Rs 100
service tax 12
ES .24
HES .12
Total 112.36
material supply 100
vat @4% 4
Total 104
and both vat and services tax is eligible for credit .
Is this bill is valid or not ? or he has to prepare saperate invoces for service tax and vat.


sushma
This Query has 1 replies

This Query has 1 replies

11 November 2008 at 16:47

Want a suggestion

i am a pe2 cleared student and pursuing my articleship we did not have service tax in our syllabus that's why i am posing problems inmy articleship wanted to know which book would be the best to gain knowledge on service tax please suggest me those books only which explains contents in lucid language


Prashant Kothari
This Query has 2 replies

This Query has 2 replies

11 November 2008 at 16:47

Convertible Foreign Exchange

According to Service Tax Notification No. 28/2005-Service Tax), if we render services to any overseas customer and receive the remittance against these services in convertible foreign exchange it is treated as Export of Services. We Have had decided to switch from invoicing in Foreign currency to invoicing in INR (to avoid any exchange loss) by doing so it became liable to pay the service tax of 12.36% on the invoice amount.
Kindly suggest the recent case laws, circullar or notification (either HC,SC or of Tribunal) indicating that even receipts in INR is allowed.

Kindly do the needful asap


pkkapoor
This Query has 1 replies

This Query has 1 replies

In case of an Educational Institute, registered for service tax purposes, executes different educational programmes from the financial support (90%) of a Ministry of Government of India and students (10%).

Funds are received by the Ministry under grants-in-aid, and individual projects are approved based on the detailed proposal with budget submitted by the Educational Institute.

After the Registration, first proposal has now been submitted and Ministry on examinatioin has stated that service tax cannot be paid as financial support is given by the Ministry from Grants in aid and it is not a commercial transaction.
Educational Institute has stated that since it is payable by receipient of service and that it is collected for payment to Concerned Service tax authority of the GOvernment of India.

Query 1- Whether service tax is recoverable under these circumstances, if yes,
(a) whether justification of Educational Institute is sufficient.
(b)If not, what more arguments can be given so that the Ministry agrees to pay serivce tax

Query 2- If service tax is not recoverable under these circumstances, Why it should not be recovered under which section of Service tax Rules.


balasundaram
This Query has 1 replies

This Query has 1 replies

08 November 2008 at 17:48

Service tax on Works contract

Dear Sir,

We are doing mechanical works contract which taken from Government and also private.
For exp. Irrigation dame gates (like Nagarjunasagar gates), water shed gates, Canal gates and power house gates and related installation, erection and commissioning.

1. is it covered service Tax? If yes, what is the service tax liability
2. if we taken composition what about Input services

A) in the above contract taken with material
How to calculate tax liability? Can I opt composition? What about Input services?

B) if taken without material (i.e. only installation, Erection and commission)
How to calculate tax liability? Can I opt composition? What about Input services?

Thank you sir

balu


balasundaram
This Query has 1 replies

This Query has 1 replies

08 November 2008 at 17:46

Service tax on Errection

Dear Sir,

We are executing works contract following lines

A) all materials supplied by Principal contractor (party), we are doing installation, erection and commission
1) what is the service tax liability
2) can I opt composition scheme
3) if we want to Determine the transfer of property, how can I determine
The transfer of property because we are not maintain the record of purchase by Party

B) all materials supplied by Principal contractor (party), we are doing Fabrication only

1) is applicable service tax or Excise ? if yes, explain the detailed law

C) we have received a sub Contract for Dame Erection and commissioning, in this contract main material supplied by Party and some quantity of material is scope of ours. Exp. As follow:

Total Works contract value : 1,00,000
Our contract value : 25,000 out of 1,00,000

In the value 25,000 included material cost is 10,000

1) In the above view service tax vise under which category?
2) Can I opt composition?

thank you
balu


Pankaj Jhawar
This Query has 1 replies

This Query has 1 replies

07 November 2008 at 19:21

ST and VAt

Please give some case law or circular which states that these tax are mutually exclusive and both could not be levied on the same items. There are some probles in the IT services as there has been amended in the Service Tax Act this year





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