Service tax cum vat

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ankita gupta (Querist)
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15 April 2013 i have an query please solve it

there is an constructor who provide this service to a govt party of rs 363000/- and charges @ 2% tds on rs 363000/- by the govt party under vat.
consturctor file his vat return to claim tds and service tax return. it is assumed by the constructor that 363000 is inclusive of service tax, but gov party paid him 39931/- of service tax seprate from rs 363000/-

can you please help me regarding this query what step should taken by constructor

CA Mahavir Shah

CA Mahavir Shah (Expert)
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15 April 2013 You are required to pay Service Tax to the department & file return.
So far as VAT is concerned VAT return is to be filled for sale of goods as per the state law only.

ankita gupta

ankita gupta (Querist)
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16 April 2013 in this case problem is that contractor has already file the service tax return on the basis that 363000/ is the inclusive of service tax amount now the amount of service tax is seprately recived from gov party????

CA Mahavir Shah

CA Mahavir Shah (Expert)
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19 April 2013 Now you shall pay differential amount when received.

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