amol
This Query has 2 replies

This Query has 2 replies

13 March 2015 at 16:38

Refund related case law

we have prepared our service tax return and filed with service tax department under reverse charge mechanism (sponsorship service). Afterwards it was noticed that we have collected service tax and we have paid the necessary taxes along with interest to government authority. But the above details discovered after 90 days of filing service tax return. Thus the original return has been lapsed for making rectification.
Point to be noted that here both service receiver as well as service provider (i.e. us)have paid service tax. We are not liable to pay service tax but wrongly paid.

Now, we are applying for service tax refund which was wrongly paid,our challan details are not seen in the original return filled since the return is not rectified due to being lapsed and we need to submit this return along with refund application.

Kindly suggest the case law for return details not matching with our paid challans and can we still apply for service tax refund.


amol
This Query has 4 replies

This Query has 4 replies

13 March 2015 at 16:14

Service tax refund related case laws

Company is registered under reverse charge mechanism as service provider(Sponsorship service). Here the company is providing sponsorship service to body corporate. As per law, the company is not liable to pay service tax on such sponsorship fees received but the receiving entity is body corporate then service tax liability is borne by that service receiving entity. But, our Company have wrongly paid its service tax liability on its collection.
Here actually the service receiving company has already paid service tax under business auxiliary category. Since we have also paid tax on above transaction. Thus double service tax is paid to government authorities
Now we are claiming for refund for the amount already paid by us.

Thus i wanted to know the case laws supporting the above situation i.e. for service tax paid by both parties, service provider as well as receiver, and refund claiming for double service tax paid with service tax authority.
kindly share your professional advice along with necessary case law.



Anonymous
This Query has 2 replies

This Query has 2 replies

13 March 2015 at 15:02

Rcm on gta

a co has taken service of transport agency of rs.7000.but it didnt charge service tax under rcm.is it possible that co do so because of cenvat or other reason?or it is wrong?(Agency has not charged s.t.)plz rpl soon.


Somanath Hiremath
This Query has 1 replies

This Query has 1 replies

13 March 2015 at 12:30

Service tax registration

Respected Sir/Madam

One of our client is doing electrical work for Hescom. His turnover doesnot exceed Rs 10 Lakh. He is doing work contract for which Hescom is deducting service tax under reverse Charge Mechanism.
Whether our client is required to register under service tax?



Anonymous
This Query has 1 replies

This Query has 1 replies

13 March 2015 at 12:06

Service tax payment under (rcm)

Dear all
plz reply it is urgent

i have receipt bill RS. 20000 of security service in this 75% ST i have to paid.

can i adjust this 75% ST under RCM in my ST payable amount

suppose this 75% ST amount is 1854
and my ST payable amount is 1123

i means can i deposited only 731 in govt a/c. is this correct or first i must have to deposited this 1854 in govt a/c and than we can avail ST input
plz guide me on this issue


CA Dipak Dama
This Query has 2 replies

This Query has 2 replies


Dear experts,

I have confident that there is solution available to my query with our experts so please help me.

I am required to make payment of service tax in three asssessee A , B and C worh rs. 5,00,000/- , 6,50,000/- and 7,10,500/- respectively and all three have provided service to M/s. XYZ.

However, in making payment timely and in hurry I have made total payment of Rs. 18,60,500/- in one assessee's code i.e. in A's code.

My questions are :-

01. Whether there is any procedure available to transfer payments in service tax code of Mr. B and Mr. C from code of Mr. A ? ? ?

02. If above remedies is not available then can it be happen that all file return with available challans and M/s. XYZ takes credit of same since payment is made and credit of whole amount will be taken only by M/s. XYZ whether paid by A or A B C....


Please help me since we have paid amount in big and it is not possible for our clients to pay service tax again ..

CA. Dipak C. Dama
+91 90 990 38 126







Anonymous
This Query has 3 replies

This Query has 3 replies

HI,

I just want to know that is service tax liable to be paid by the doctor on retainership basis. Case is my brother is working in Fortis Kangra on a retainership(Doctor) and his yearly income will cross 10 lakh. Does he need to pay the service tax.


manas bal
This Query has 1 replies

This Query has 1 replies

12 March 2015 at 12:49

Rent -e cab service

Dear all
can you please tell me as a service receiver what is the the tax rate for me



Anonymous
This Query has 1 replies

This Query has 1 replies

12 March 2015 at 11:57

Service tax on advertisement agency

Dear all expert
plz let me know how much ST percentage is applicable on advertisement service does this service falls in under (RCM)

thnk



Anonymous
This Query has 3 replies

This Query has 3 replies

12 March 2015 at 11:51

Service tax

Dear all
plz let me know, does repair & maintenance service of electrical goods falls in under reverse charges.

plz clarify..






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