Refund of service tax paid on contract with mes department

Save Share

This query is : Resolved

CA Dipak Dama (Querist)

31 December 2016 Dear Expert,

Our client has provided service to MES which was taxable from 01.03.2015 which was exempt retrospectively.
We have applied for refund of service tax paid due to insertion of section 159 of Finance Act, 2016
In which basic documents required for applying is
Contract entered into before the 1st day of March, 2015 and on which appropriate stamp duty, where applicable, had been paid before that date.

In which it was specifically mentioned that stamp duty should be paid where applicable ? ?

My question is ? ? ?

Whether there is any clause in Registration Act 1908 along with Stamp duty Act 1958 which require that contract executed between MES department and client is compulsorily to be registered . .

Please give your valuable suggestion

Thanking You

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

31 December 2016 No need to register contract executed. The stamp duty value will be for a nominal value of Rs. 100/500 or as applicable to the state.

CA Dipak Dama

CA Dipak Dama (Querist)

31 December 2016 In Gujarat is it necessary to execute contract on stamp duty paper . . . . ,
or work order is sufficient for same . .

since assessee has not executed any contract on stamp paper

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

31 December 2016 For the purpose of legal binding contract has to be executed on stamp paper. Check up with local people.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now