Nishaadchandran
05 July 2013 at 12:27

Export of service

"A" is the assessee, the Managing Director of a manufacturing unit "ABC" in India last 15 years and has 2 manufacturing units in his group companies and he is the managing director for both companies.(ABC & XYZ)

"B" an Inidan citizen who is planning to set up a manufacturing unit similar to the A's unit in UAE and seek service from his friend "A" for the same. The "A" has sound knowledge and practical experience in this field so agreed to provide service to B's company for setting up an unit.

"A" has visited B's place in UAE in the capacity and designation as the Managing Director of ABC company and provided the service for a remuneration for a lump sum amount of INR 50 Lakh as the consultation charges.

After completion of the work "B" paid the amount by way of NRI cheque in the name of "XYZ" company which is the second company of A's group. A clerical error was occurred while sending the account detail of ABC company. Instead of sending the amount in ABC, the "B" has given the cheque in XYZ company on December 2011. Later, a journal passed in the books and transferred the consultation amount from XYZ to ABC. ABC accounted the transaction as Consultation Charges Received and declared as other income of INR 50.00 Lakh.

During the time of the Central Excise audit in ABC company, they made a querry that the assessee has not made any payment as service tax on the income by way of consultation charges of Rs,50.00 Lakh. But the A has never collected service tax from B where as the service is treated as export of service.

"A" and ABC is not a regular service provider.under this circumstance,

1. Does ABC or A liable to pay service tax?
If yes, please advice.

2. If "A" is liable to pay the tax, is there any scope for claim the rebate on this export of service?

3. Is there any provision for utilizing the input credit for the above liability?

Awaiting for experts opinion. Will be thankful for the opinion and advice.



RAMESH
05 July 2013 at 12:23

Share application money

Whether the Pvt Ltd Company can receive the Share application money by CASH


Mantu Agarwal
05 July 2013 at 12:21

Tranfer of shares of pvt ltd co

Dear Expert,

I want to transfer share of ABC Pvt. Ltd. to Mr. A.
Whether is it required to ENDORSEMENT OF FORM 7B BY PROPER AUTHORITY or is it sufficient to executed by transfer and transferee with proper stamp duty paid.

If yes where can i get the endorsed form (7b)?
i went to Calcutta Stock exchange but didn't get there.

Please tell me who is the proper authority ?

Please reply soon its very urgent.

Regards,
Mantu Agarwal


Prashant Kumar Atri

I need clarification on following points related to SEZ
1. What documents are required for Subcontracting of materials outside the SEZ Premises.

2. If the materials do not return within 180 days, then will any tax / duty be applicable.

3. When some equipment will be sent outside the SEZ for repair purpose, then what documents will be required.



Anonymous
05 July 2013 at 12:18

Tds of a minor child

SIR,
PLEASE CONFIRM WHETHER THE TDS OF A MINOR CHILD SHWEN IN THE FORM.26AS OF A MINOR CHILD CAN BE DEDUCTED FROM THE RETURN OF THE PARENT WHO IS CLUBBING THE INCOME OF THE MINOR CHILD.PLEASE REPLY AS EARLY AS POSSIBLE.


Harshita Rai Shrivastava
05 July 2013 at 12:15

Section 44 ad

An assessee carrying on a business eligible under section 44 AD and at the same time receving commission from other source of income so will he be disallowed under section 44 AD or will he be allowed for the eligible business and taxed for commission seperately??



Anonymous
05 July 2013 at 12:08

Supplier credit balance

Dear sir,
In our books of accounts there are some credit balances lyeing for a quite a long time against our suppliers.Please advice whether we can transfer this amount to partner's capital account as our is a firm.
Please reply at the earliest.As the customers are not responding to their confirmation.


Pramila S. Karbele
05 July 2013 at 12:07

Advance payement received


Our Company is into builders & developers. We receives advance payment from our customers. How i should calculate service tax on this advance received - inclusive or exclusive?

please guide on urgent basis.



Anonymous
05 July 2013 at 12:04

Reverse charge

A company receives security services from a firm and the said firm is registered with service tax and the invoice contains ST regn number as well. The firm charges ST and the same is paid by the Company.

Does this transaction fall under reverse charge even though the Company pays service tax to the vendor who has valid registration?



Anonymous
05 July 2013 at 12:01

Tds related

gud mrg sir, sir my Question is my company some computer system hire other company both are pvt ltd company, my question is 14805 Rs per month paid to other pvt ltd company its computer hire charges, sir my company wants to deduct Tds , can u explaine me Tds deduct should under 194C or 194I, & How percentage
deduct






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