sunil

Message
1.I am working with an S/W Company 100% EOU, registered under STPI & Service Tax, whether company can claim refund of Service tax paid on input services?
2. If both Local Taxable Services and Export Services are there then what will be the refund criteria.
3. How cenvat credit will be availed against local services?

Provided,
1. we are not making seperate books of accounts.
2. Most of the input services are used both for domestic as well as export of services.

Thanks for immediate & expert advise.


Piyush Jain
29 July 2009 at 13:16

Cenvat Credit

Dear Professional Colleagues,

One of my client is having Head Office registraion as Input Service distributor and factory registered with excise.

Now the Head Office issues Cenvat Invoices to Factory for cenvat taken on services bills recevived on all India basis.(Centralised Registration)

Factory is maintaining separate accounts for receipt, consumption and inventory of inputs used in the manufacture of dutiable final products and the quantity of inputs used in the manufacture of exempted goods. Accordingly fatory take CENVAT credit only on that quantity which is used in the manufacture of dutiable goods. It may also be noted that there is no any inputs which is commonly used in the manufacture of dutiable and exempted goods.

As Factory is taking full Cenvat credit in respect of the invoices raised by the Head Office and Head Office is issuing the CENVAT invoice on the basis of rule 7 and Head Office is not having any record of exempted goods with them, now how to not to claim CENVAT on services availed for exempted goods or common services on proportionate basis or Factory can claim the full cenvat.


HITESH KHONA
29 July 2009 at 13:16

Section 2(22)(e)

Suppose if A company has given a loan to B company wherein shareholder holds 99% of holding and 50% holding in B company

So is deemed dividend applicable??

Its urgent
Regards
Hitesh khona


Kranthi Kumar
29 July 2009 at 13:01

capital gain

the assessee has used the shop primises for business purposes for some years and claimed depreciation on the same and later rented out the same shop, now in 2008-09 he sold that shop . what will be the effect of same on capital gain and how will the cost of acquisition be calculated.


its Neha
29 July 2009 at 12:56

ESI

what is the usefullness of ESI to a employer? the company is a construction company. whether it is necessary to incorporate under ESI?


anil motwani
29 July 2009 at 12:52

Wron Ward and circle on ITR-4

Hi
Can anyone tell me if ward and cirlce on the return is wrong, do we need to file revised return. I have refund of around 20K. Will there be any prob is ward and circle is wrong on return or shall I e-file my return as revised before 31st July 2009.


Anish George
29 July 2009 at 12:40

Stock valuation

How to select a stock? Which are the stock valuation methods?How to interpret the results


Mrituanjay
29 July 2009 at 12:34

Taxability of LIC Agents

i want to know whether lic agents whose gross recipts is less than 4,00,000 can have to maintain books of account.

what information regarding B/S is to be filled in ITR IV as he does not have income from any other sources,

can he file return under no books of account..

thanks in advance for the help...


Ravi

We are the exporter and we purchased a machinery for 120000/- and Vat amount is 15000/- from delhi dealer can we take the credit in dvat return if "yes" Please tell us the percentage.


sridhar
29 July 2009 at 12:09

Sale In Transit under CST

All spanning several years, Interstate Movement with LR endorse ment was sufficient for sale in transit under CST .Now We understand with latest Supreme Court Judgement in the case of A& G Projects and Technologies Ltd Vs State of Karnataka dt 11.12.2008,sale in Transit under state requires the follwoiung

1.No prior Contract before the commencement of Goods
2.No mention of ultimate customer name in the Supplier Invoice on the First stage dealer as it pointsout to a prior contract

Based on the above Andhrapradesh Govt initiated action on all "sale in Transit cases " on the Comapnies and the Dealers and slapping them with demand notices for payment of Local VAT disallowing exemptionunder sale in Transit

We would like to know the follwoing
1.Whether this stand is correct as it is genearlly believed that sale takes palce when Invoice is raised
2.Ultimate customer requires his address and ECC no to be mentioned in the Invoice for availing CENNVAT
3.Without a contract collection of c form becomes difficult
4.It is diificult to find a buyer when the material is under transit and still collect C Form for taking VAT expemtion of SAle in Transit under CST

We need clarity on the issue

Sridhar






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