Anonymous
This Query has 3 replies

This Query has 3 replies

I am a Excise Duty Firm, Which is one of the Specified Person in the S T Law.

As a Consignee, if the Freight is paid by me, then as per reverse mechanism, I have to pay the S T. @ 14%.

As a Recent Case Law, Indian Oxalate Ltd vs Ass. Com Kohlapur West Bench Taken a Decison in the favour of the Govt.

In the above case law, the consignor is arrange the GTA to transport the goods to the consignee. but the consignor charged the consignee the freight amount of the delivery of the goods. Here the Tribunal given against the assessee judgement. and consignor is a person to pay the service tax.

But as per Cenvat Credit rules also, upto the place of removal we can avail the cenvat credit on him.

Kindly give reasons and supportings.of his above discussion.
Query
1) Who is liable to pay service tax. and how it is calculated, if the consignor gets reimbursement of freight from the consignee.
2) Ex: if the Freight charged Rs. 15000/- in the bill itself. then we have to calculate on Freight amount of Rs. 15000/- @ 14% = 2100
15000*14/114% = 1842

Kindly Give suggestion... with supporting's circular/notification



PardeepBassi
This Query has 2 replies

This Query has 2 replies

18 November 2015 at 08:19

Doubt in calculation after cess

Dear Sir

Please clear which of following is correct after applying CEss

A) Freight X Taxable X Service Tax
10000 X 30 % X 14.50 = 435 i.e 4.35%
B) Freight X Taxable X Service Tax
10000 X 30 % X 14= 420 + Cess
420 + 21 =441 i.e 4.41%

Please Clear -Thanks in advance



Anonymous
This Query has 6 replies

This Query has 6 replies

18 November 2015 at 03:07

Export of services

Hello,

I would like to know the service tax applicability in the following case:

Service is a software development

Service provider is termed as a 'Consultant' in the contract

Service is provided outside India.

Service recipient is a foreign company.

As per the contract, payment is made in INR by the foreign company.

Total payment will be made by the company is Rs.10.16 lakh during the year as consultancy fees.

The contract explicitly mentions that the taxes pertaining to India has to be taken care of by the service provider. Hence, service tax has to be adjusted in consultant fees. Therefore,the consultancy fees excluding service tax comes to Rs.9 lakh.

I would like to know whether this is termed as export of services? The payment comes from outside India though mentioned in INR in contract. Please guide.



Anonymous
This Query has 2 replies

This Query has 2 replies

17 November 2015 at 18:42

Service to foreign client

Dear Experts,

I am going to provide service ( Webpage Development ) from India to my foreign client. I am a register party .

The main consumer of the above service is foreign party .

(1) It is known to me that as per place of provision service rule 3 the service is provided outside of india hence no s.t is payable to india govenment. Is it correct ?

(2) But when I will sublet some part of my works to others who are also register party (S.T) in india and they can claim service tax from me ?

Pls reply your valuable comments

Thanks



Sajeev Madhuramattom
This Query has 1 replies

This Query has 1 replies

17 November 2015 at 16:36

Export of database service

a man power consultant, giving some data base of candidates to overseas and charging.
will it be treated as export of service and excepted from service tex?

manpower consultancy to abroad required separate license from ministry of foreign affairs. but giving data base of candidates will come this category and requires separate license?


Asif Alam
This Query has 2 replies

This Query has 2 replies

17 November 2015 at 14:39

Abatement ?

Swachh Bharat cess will be levied only on the portion of taxable services (after abatement).

Can you explain on abatement ?

Is it like SHE (previously when it was 12.36%) ?

For example, the amount received for a service is 5700, then (5700/1.14) equals 5000.

Then ST is (5000*14%) equals 700 and the Swatchh Bharat will be (700*0.5%) equals 3.50.

Please explain.



Anonymous
This Query has 3 replies

This Query has 3 replies

17 November 2015 at 12:08

To avail a input tax credit

Dear Sir,,
We are paying service tax on Reverse Charge Mechanism on Lorry Fright,but for for last 3 months we became a service provider - renting immovable property,and taking on rent of immovable property

Do we have the right to take input tax credit
1)rent
2) Warehouse management service
3) container charges
4)Security charges
5) Advertising charges
6)Professional service



Anonymous
This Query has 1 replies

This Query has 1 replies

16 November 2015 at 14:57

Service tax on notary charges

Hello Sir,
I want to know whether notary charges attracts service tax ?Is it coming under legal fees and whether it will fall under RCM ?
Thank you in advance.


Anand K
This Query has 2 replies

This Query has 2 replies

15 November 2015 at 19:37

Sbc on manpower supply.

Dear Sir/Madam, I would like to know whether swaccha Bharath Cess is applicable on man power supply services,if so How to calculate the Cess on taxable services. Regards, AK


Himadri
This Query has 1 replies

This Query has 1 replies

I am working as Finance Officer in Newtown Kolkata Development Authority which is controlled by Urban Development Department, Govt. of West Bengal. Presently we are one of the 100 smart cities ( Newtown Rajathat).My question is whether we need to pay service tax for car hire, renting a building, play ground, construction of building for office use or for rent, public lighting works etc.





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