sanjay rastogi
22 August 2008 at 16:15

SSI EXEMPTION - branded goods

One of my friend's company manufactures electrical goods whose turnover is about 90 lacs .They are manufacturing goods in their own registered brand and other brands. For their own brand goods clearance they pay no excise but for other brands, they pay full excise.

A company has approached them to manufacture goods in their brand XX for which an application has been filed with the trademark, but the brand is still not yet registered.They are willing to license/assign/NOC the brand XX to my friends company for manufacure of goods in XX brand.

Pls let me know whether is it possible to clear the goods for my friend in XX brand without payment of duty till 1.5 cr.?? If possible,Pls give some notification/judgements/circular or some suggested reading/web address for better understanding.

Thanks.


CA Nitin Wadhwani
22 August 2008 at 16:05

reply to query

Dear Friends,

My Client is a Software Seller, they buy and sell softwares to colleges and institutions, now their suppliers started charging service tax as well as vat?
how should we charge our customers,

Method 1

Price = XXX
Service tax @12.36%
on XXXX = YYY
Vat on (XXX+YYY) = ZZZ
Bill Amount(XXX+YYY+ZZZ)= $$$

or Method 2

Price = XXX
Service tax @12.36%
on XXXX = YYY
Vat on (XXX) = ZZZ
Bill Amount(XXX+YYY+ZZZ)= $$$

or Method 3

Price = XXX
Vat @ 4%on (XXX) = YYY
Service Tax @12.36%on(XXX) = ZZZ
Bill Amount(XXX+YYY+ZZZ) = $$$


Please Help Me in This Case Many Suppliers Charges in Different Methods Method is been observed in many suppliers Invoices Which is Correct Method For Calculation


Either Vat has to be charged or service tax
vat has to be charged when the software is an off the shelf software

service tax is to be charged when the software is a customized software.
.


c.v.sarma
22 August 2008 at 15:45

Casual Vacancy

According to Section 224(6) of the Companies ACt, Casual vacancy arising due to death, disqualification or dissolution ofthe firm of auditors can be filled up by the Board of Directors. Here the term "may" has been used in the Act. Is it mean that the casual vacancy in the above case may also be filled by the Shareholders in a general meeting?


CA Nitin Wadhwani
22 August 2008 at 15:28

Clarification

SIR


I WANT TO KNOW THAT "WHETHER THE VAT APPLICABLE ON SALE OF OLD VEHICLE" IN SERVICES SECTOR COMPANY.

MY CA HAS SAID THAT VAT WILL BE APPLICABLE ON SALE OF OLD VEHICLE. HOWEVER THE COMPANY DID NOT CHARGE THE VAT ON SALE OF OLD VEHICLES AS YET.


Answer Is Yes

Vat Is To be Charged.

If The Co. Has Sold The Vehicle Without Charging VAT Then The Selling Price Would Be Considered As Inclusive Of VAT.



Rabnoor Singh Khanna
22 August 2008 at 15:28

input credit

i am accountant in hotel which is under construction. we have received bills from construction comapny which has charged service tax bill. i want to know whether we claim service tax we have paid to const. co if don't capitalized the service tax, after completion of hotel.


YOGESH GUPTA


Please suggest whether the VAT input can be adjusted against the CST liability.
Please provide the relevant provisions if possible

Thanks


CHEZHIYAN
22 August 2008 at 15:10

Service tax with vat

Dear Friends,

My Client is a Software Seller, they buy and sell softwares to colleges and institutions, now their suppliers started charging service tax as well as vat?
how should we charge our customers,

Method 1

Price = XXX
Service tax @12.36%
on XXXX = YYY
Vat on (XXX+YYY) = ZZZ
Bill Amount(XXX+YYY+ZZZ)= $$$

or Method 2

Price = XXX
Service tax @12.36%
on XXXX = YYY
Vat on (XXX) = ZZZ
Bill Amount(XXX+YYY+ZZZ)= $$$

or Method 3

Price = XXX
Vat @ 4%on (XXX) = YYY
Service Tax @12.36%on(XXX) = ZZZ
Bill Amount(XXX+YYY+ZZZ) = $$$


Please Help Me in This Case Many Suppliers Charges in Different Methods Method is been observed in many suppliers Invoices Which is Correct Method For Calculation


VARUN KAKKAR
22 August 2008 at 15:03

SALE OF OLD VEHICLE

SIR


I WANT TO KNOW THAT "WHETHER THE VAT APPLICABLE ON SALE OF OLD VEHICLE" IN SERVICES SECTOR COMPANY.

MY CA HAS SAID THAT VAT WILL BE APPLICABLE ON SALE OF OLD VEHICLE. HOWEVER THE COMPANY DID NOT CHARGE THE VAT ON SALE OF OLD VEHICLES AS YET.


Prakash
22 August 2008 at 14:55

depreciation

last year the firm did business, that time they claimed depreciation for factory, but this year stoped their manufacturing business and letout the factory premises now this people can claim depreciation for that fatory premises


student
22 August 2008 at 14:23

Brokerage on sale of capital asset

whether brokerage on sale of capital asset can be paid through cash?whether it can exceed 20000/- ?






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