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DINESH PATEL
26 January 2009 at 14:57

CENVAT CREDIT

I do trading of services in metal finishing business. My business is registered under Service tax - BUSINESS AUXILIARY SERVICES. I get material from customer, get it processed at outside and return the material to customers. I pay service tax when I get services and I collect service tax from my customers. Practically, I am a middle man.
As per notification of March1, 2005, payment of service tax is expeted for manufacturers registered under Central Excise for using service in manufacture of exciseble goods . If I get declaration from my customer not to charge service tax, I have to bear service tax paid on work done outside. In this case, I loose business. If I charge service tax from the manufacturers of exciseble goods, do they get credit of service tax paid to me?
Example:
A is my customer.
B is my supplier.
I get material from A for processing. I give it to B for processing. B does the work and bills me for Rs. 100/- + tax Rs. 12.36 = Rs. 112.36
I give back the material to A with bill of Rs. 120/- + tax Rs. 14.83= Rs. 134.83.
I pay the tax amount Rs. 14.83( collected) - 12.36( paid on purchase of services) = Rs. 2.47
A is registered under CE and in this case, shell A get credit of Rs. 14.83 paid to me as service tax?


DINESH PATEL
26 January 2009 at 14:49

CENVAT CREDIT

" We are doing job work of electroplating and registered under Service Tax. We are charging service tax to all customers, Excise goods manufacturers and non excise goods manufacturers. If Excise goods manufacturers pay us service tax, do they get refund of the service tax paid to us? "
If excise goods manufacturers are exempted from paying service tax as they are paing excise on the removal of their final product than we are restricted to collect the tax at any cost ? or we can charge the service tax and pay it to government.?
In above case if we have charged the service tax and paid it regulerly to govt. than the manufacturers are eligible for servic tax credit ? "
==============================


Ashish Vishnoi

Dear Friends,

We had made Inter State sales against C forms, but some parties hadn't given us required C forms. Now at the time of Assessment my Assessing Officer is charging tax difference along with 10% Penelty and Interest. Is Penel provision is valid under CST Act? Please provide me some legal guidance along with court judgement & case references. My Email ID is ashishvishnoi@sify.com


Sumit Garg

Sir,
Please let me know that if a career consultant wants to register his firm, when it is a proprietorship concern, then in which act he can register his firm?

Is there any act like MED Act that provide guidelines regarding registration of service concern in firm and soceity registration office?


CA Umashankar Vaishnav

RESPECTED EXPERT MEMBERS,

I HAVE PASSED CA PE-II IN MAY 2007 , AND RECENTLY I HAVE COMPLETED MY ONE YEAR ARTICLE SHIP ON 17 JAN 2009 , FROM THE FIRST WEEK OF FEB 2009 IN GWALIOR BRANCH OFFICE GMCS 15 DAYS TRAINING ARE ORGANISED . IN PROSPECTUS IT IS CLEARLY WRITTEN THAT THOSE CANDIDATE WHO HAVE PASSED THE (PE II) AND COMPLETED TWO YEAR OF ARTICLE SHIP CAN ELIGIBLE FOR JOINING THAT COURSE.

PLZ GUIDE ME !

FROM,

UMASHANKAR VAISHNAV

GWALIOR


CA Umashankar Vaishnav

RESPECTED EXPERT MEMBERS,

I HAVE PASSED CA PE-II IN MAY 2007 , AND RECENTLY I HAVE COMPLETED MY ONE YEAR ARTICLE SHIP ON 17 JAN 2009 , FROM THE FIRST WEEK OF FEB 2009 IN GWALIOR BRANCH OFFICE GMCS 15 DAYS TRAINING ARE ORGANISED . IN PROSPECTUS IT IS CLEARLY WRITTEN THAT THOSE CANDIDATE WHO HAVE PASSED THE (PE II) AND COMPLETED TWO YEAR OF ARTICLE SHIP CAN ELIGIBLE FOR JOINING THAT COURSE.

PLZ GUIDE ME !

FROM,

UMASHANKAR VAISHNAV

GWALIOR


Krishna Murthy

Sir,
Please let me know whether service tax is payable on Retreading of Tyres service. If yes under which category of service? Sir its urgent please


RAJESH CHOUDHARY
26 January 2009 at 12:07

Re Registration For CPT

I would like to know if any student could not pass the CPT exam in last two attempt is he required to to register again to give the forthcomming exams in June 09.

Also tell me one of my Friend has not given the exam of Dec 08 (Though he was eligible for the same)& his first attempt was in June 2008 and he secured 80Marks (Fail).

In the above case should he require to register agian?

Regards
Rajesh Choudhary


jitender
26 January 2009 at 11:50

Export of services

Whether business auxiliary service provided in India to the clients based in India of the foreign holding company by a subsidiary company of that foreign holding company will be treated as export of service ? The bills for these services are raised on the holding company after providing the service on the instruction of the holding company and foreign inward remittance is received from the holding company. Kindly reply citing the sections and rules in this regarding. Thanks.


anthony
26 January 2009 at 11:15

Writing-off expenses

How do you write-off expenses. For Eg., expenses incurred in the year 2005 & 2006. Audit is done in the financial year 2008. Can these expenses incurred in 2005 & 2006 be writen-off in the financial year 2008. If YES, what is the procedure and what journal entries to be passed? Also, what is the impact on Balance Sheet and P & L Account? OR How does it affects BS and P&L account?

Thanks






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