jay prakash heerwal
17 August 2013 at 13:54

Payment to legal advisor

Dear experts

My Company (Ltd. Company) have to pay Rs 200000/- to its legal advisors whether my company have to take service tax registration as my company have to pay service tax as per reverse charge mechanism.

Advocate is a partnership firm.

Please note that my company doesn't provide any other service which is chargeable to tax. So till date i dont have any service tax registration number.

I further estimate that in future also (after this payment) my company does not provide any service which is under the purview of Service Tax.

Please reply on a urgent basis.



anil
17 August 2013 at 13:49

Companies ammendment bill

Whether the companies ammended bill 2012 is applicable only to new companies or also to existing companies



Anonymous
17 August 2013 at 13:42

Ca final direct tax

how much time to be devoted to direct tax of ca final for self study when coaching not taken for nov 2013 exams


vijay
17 August 2013 at 13:41

Property purchase exemted

Sir
When Residential Property Sold & Buy 1 another Residentail Property then in which section we claim Exemption of Purchase of Property



Anonymous
17 August 2013 at 13:28

Explanatory statement

PLease provide the text of explanatory statement for change of name of company.
The reason behind the change is change in shareholdings and directors.
New Members want the name to change as per their desire.
Kindly provide the maater for explanatory statement for such reason



Anonymous
17 August 2013 at 13:22

Tds

Dear All,

My issued is regarding TDS Deduction Under Section 194 C

We are partner ship firm purchase paint from another company who is PVT LTD after purchasing paint from him we fill in our Paint Can Supply to them

It means He is our customer as well as our supplier also but he deduct 2 % TDS in our payment agst Can Supply to them is it correct

Let me confirm


Regards
Karun Khurana



Nagaraju Balusupati
17 August 2013 at 13:14

Central excise

we have filed excise return ER1 for july month.but 2 days ago we came to know that we are not paying excise duty on 2 items from 1.4.2013 to till date.now we want to pay excise duty on such two products.please guide me the procedure to be followed now..


Tushar
17 August 2013 at 13:09

Ptrc & ptec

A partnership firm having consultancy business,and only partners are working & no other employees working in the firm. whether PTRC or PTEC Registration is applicable or not?


kishore
17 August 2013 at 12:59

Last date of cpt fee

Last date of cpt exam fee pls send the information


Preety Gupta

Party A and party B had entered into an agreement and as per the agreement, if the owner of land was unable to remove the encroachment in the land, the buyer of such property had reserved his right to cancel the agreement. now in this regard, when party A was not able to remove such encroachment within the scheduled time of the Agreement, a dispute arose and both the parties went for a arbitration settlement. In the arbitration award it was decided that party A shall pay 8cr as on march, 2013 to party B as compensation for not completing the work in time.

Question: does such compensation attracts to service tax applicability?



MY INFERENCE IN THE ABOVE SITUATION WAS:-

‘Service’ (section 65B (44)) does not include –
any activity that constitutes only a transfer in title of
Ø goods or (ii) immovable property by way of sale, gift or in any other manner
Ø a transfer, delivery or supply of goods which is deemed to be a sale of goods within the meaning of clause (29A) of article 366 of the Constitution
Ø a transaction only in (iv) money or (v) actionable claim
Ø a service provided by an employee to an employer in the course of the employment.
Ø fees payable to a court or a tribunal set up under a law for the time being in force
And as in the context of payment of COMPENSATION to the other party in lieu of Arbitration Award, no service is being provided or is to be provided but such transaction only involves transfer of money.
Conclusion: NO SERVICE TAX IS APPLICABLE.

KINDLY CORRECT ME IF I AM WRONG AS CERTAIN PEOPLE SAY ST APPLICABILITY IS ATTRACTED IN CASE ON NON_FULFILLMENT OF THE CONTRACT.






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