Ca Gaurav Barai
02 June 2012 at 14:22

10a exemption

Sir,
I have a client who is an STIP unit availing exemption u/s 10A of the Act.

during an assessment AO disallowed some expenditure and made addition to the returned income.

my question is - Is exemption u/s 10A is available on the addition made to the total income while computing the effect of the order?

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CA Archana Dhamecha
02 June 2012 at 12:43

Service tax category

One of our client is engaged in fabricators for aluminium windows , structural glazing and do several finishing jobs .major job is aluminium fabrication.


Online website of service tax provide 32 services for which registration can be taken,


can some one please tell me, in which category this service will fall

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C.A.SHIPRA JAIN
02 June 2012 at 11:26

Work contract tax

dear friends,
can any one explain me about the w.c.t.?

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Vinod Aggarwal

One of my client provided amusement rides ( video games , Go Karting, Toy Train, Battery Car for Child & Bouncee )with Himchal Pradesh Tourism Development Corporation Ltd. (HPTDC) under profit sharing ratio 50:50 in manali (Himchal Pradesh). All equipement are provided by our client. On 1st April’2012 onward HPDTC deducted service tax under work contract from our client.

Determination of value of taxable services involved in the execution of a works contract.- Subject to the provisions of section 67, the value of taxable service involved in the execution of a works contract (hereinafter referred to as works contract service), referred to in clause (8) of section 66E of the Act, shall be determined by the service provider in the following manner, namely:-

(i) Value of works contract service shall be equivalent to the gross amount charged for the works contract less the value of transfer of property in goods involved in the execution of the said works contract.

Explanation.- For the purposes of this clause,-
(a) gross amount charged for the works contract shall not include value added tax or sales tax, as the case may be, paid, if any, on transfer of property in goods involved in the execution of the said works contract;

(b) value of works contract service shall include, -
(i) labour charges for execution of the works;
(ii) amount paid to a sub-contractor for labour and services;
(iii) charges for planning, designing and architect’s fees;
(iv) charges for obtaining on hire or otherwise, machinery and tools used for the execution of the works contract;
(v) cost of consumables such as water, electricity, fuel used in the execution of the works contract;
(vi) cost of establishment of the contractor relatable to supply of labour and services;
(vii) other similar expenses relatable to supply of labour and services; and
(viii) profit earned by the service provider relatable to supply of labour and services;

(c) Where value added tax has been paid on the actual value of transfer of property in goods involved in the execution of the works contract, then, such value adopted for the purposes of payment of value added tax, shall be taken as the value of transfer of property in goods involved in the execution of the said works contract for determining the value of works contract service under this clause.
(ii) Where the value has not been determined under clause (i), the person liable to pay tax on the taxable service involved in the execution of the works contract shall determine the service tax payable in the following manner, namely:-

(A) in case of works contracts entered into for execution of original works, service tax shall be payable on forty per cent. of the total amount charged for the works contract:

Provided that where the gross amount charged includes the value of the land, in respect of the service provided by way of clause (8) of section 66E of the Act, service tax shall be payable on twenty five per cent. of the total amount including such gross amount;

(B) in case of other works contracts including completion and finishing services such as glazing, plastering, floor and wall tiling, installation of electrical fittings not covered under sub-clause (A), service tax shall be payable on sixty per cent. of the total amount charged for the works contract;


As per my understanding my client is not cover any work contract.

You are requested to please provided any notification where amusement games in negative list
& confirm for applicability of Service Tax.
Entertainment tax is exempted in H.P.

with regards

Vinod Aggarwal
9810833006

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Anonymous

An assessee has not filed Service Tax return on Rent received on Immovable Property as stay was granted to Tenant by court for non payment of Service Tax as such. Tenant in turn gave confirmation to Landlord that he is not required to pay Service tax and any liability thereof will be reimbursed by tenant. Now Tenant is ready to pay service Tax + intt etc. to Landlord.


Whether tenant is bound to Penalty u/s 70 for late filing of return or same is not required as per clarification / amendment / notification etc. given in budget 2012 and thereafter.

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Avinash Bhagat

Dear Sir,

Please help/ clarify on the following (for a Service Provider-Man Power Recruitment):

Advance Payment made (for input service) on: 18 May 12.
Input Service to be effective from 08 July 12 upto 07 July 13 for one year.

My question is:

The Cenvat credit to be taken during the quarter April- June 12 (quater in which the payment was made) or during the quarter July- September 12 (when the input service is going to be actually effective).

Thanks in advance.

regards,

Avinash

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kiran
01 June 2012 at 16:35

Section 10aa

Is there any tax exemption for units registered in a SEZ (S.10AA) after 01/04/12? The finance act 2009 extended the sunset clause for units under section 10A and 10B till AY 2011-12. Is that applicable for section 10AA units also ?

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vaibhav avinash dhankee

Should rail fare be included in cost of package offered for the purpose of levy of service tax or should be taxable under rail ticket agent's service?

Also please let me know the treatment to be given in books for income tax purpose.

Thanks

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Dharmistha R Patel
01 June 2012 at 15:06

Mba

Ajay Sir I am Ca Student.& give CA final Exams in May 2012. Now I Wanted to do Mba in Finance from IIM Ahmedabad so after become Ca it useful in future or not.
Some say it is useful Some says it is not useful.

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Anonymous

I qualified in May 2009 first attempt, whereas i finished my articles in Jan 2010. Can the work ex as article ship of 9 months (from May 09 to Jan 10) be considered as Post qualification experience or only after Jan 2010 it will be as post qualification experience ???

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