We entered into a NDA with company A, had lengthy discussion for 60+ days regarding an upcoming project and froze on cost and timeline. At time sending agreement, they asked us to sign with company B, and finally switched to company C at the last minute. In fact, the contract with Company C was pre-dated by 3-4 days, because Company A transferred knowledge shared with it.
In discussion with Company A, amount was X lakh / month, incl all tax. With Company C, the bill was X lakh per month, incl tax... But with 0% service tax due to exemption for small companies. The only financial benefits from switching companies is Company C, not us... our out flow remained X lakh per month irrespective of company.
Why did we switch from A to B to C? NDA and Contract bound affiliates.. and A, B, C shares brand name, logo, letterheads, website, phone number, employees, etc. In fact, if company C sent us a letter, it used Company A's envelopes. When we took them jointly to Arbitration, they claimed not to know each other. Bad move for them.. for now we sued all 3 separately and put cases u/s 72 and 72a of Information Technology Act, 2000.
However, there is rule against claiming service tax exemption while using another's brand name / logo. How do we complain, to whom and where? It's Pune based.
My client is running a travel agency for which he filed Nil Service Tax Return for the F.Y 2014-15 whereas in Income tax return declared Sale of services around 3 crores. Now he received a notice for non-payment of service tax after comparing ST-3 and ITR. Please tell me what is the further steps need to be taken for the same
Consultancy Charges received by the doctor from hospitals exceeding Rs. 10 Lakh during the FY 2015-16 - whether Service tax applicable. If yes can please give section reference.
We being a pvt ltd co made a pre-deposit of Rs.80000/- for filing an appeal to CESTAT on being aggrieved by the decision of comm (Appeals) . CESTAT gave decision in our favour & the dept gave us a refund of Rs.96174/- (pre-deposit fees:Rs.80000/- & interest : Rs: 16174/). Kindly help on the accounting entries to be passed in case of refund
Got an email for Non Payment of Service Tax/ Central Excise duty on the earned income for the FY 2014-15. I work as an IT Consultant for a USA firm. I work remotely and get paid in Dollars(which gets converted into Indian currency). I do not have any service tax number, as I was in the impression I am not eligible to pay the tax as my client is not in India. My income is more than threshold exemption limit of Rs. 10 lakhs . Kindly guide me how should I go ahead with it. Thanks,
we receive commission income for transportation of goods. However we have no truck or we do not own any vehicle. we simply take truck on rent and give that truck on rent and got commission income. so my question is now that whether we are liable to pay service tax. And what if we are partnership firm??
My friend's client had entered into an agreement with a Foreign Co. for transfer of technical know how for which some amount was paid and they paid the service tax under RCM. Now the agreement is cancelled and the amount received back from the foreign com.They need not pay service tax as no taxable service was rendered. Can they claim refund of service tax since it is more than two years since the payment was made.
We are providing manpower supply to the proprietorship company from FY 13-14. Up to 31.03.2015, we have collected 25% Service Tax under RCM. Remaining 75% paid by the service recipient.
Notification 30/2012 service tax does not give a clear explanation.
Is this rule applies only if the recipient is PVT Ltd Company not for the proprietor?
If we paid only 25% what will be the impact on us. if we go for appeal
I'm looking forward to your valuable advice.. it means a lot for me.