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Service Tax on Commission agent

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Querist : Anonymous

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Querist : Anonymous (Querist)
04 March 2010 Dear All

Please clarify my query on Service tax matters :

1. Our Client is working as broker of agriculature produce and processed goods like DOC etc. since long. Previously his mother was proprietor of the firm and after her death in F.Y. 06-07 our client is looking after the affairs of the firm as proprietor.

2. He has received a notice from the superintendent of Service Tax asking for submission of the details for the F.Y. 2004-05 and 2005-06 of the Commission as he has not paid the Service Tax on Commission.

3. His commission for the year 2004-05 was 203736/- from sale/purchase of agricultural produce and 357609/- from Sale/purchase of processed goods. In the F.y. 05-06 his gross commission was Rs. 415698/-.

Pls suggest in the matter what we should do. Is it a time barred case or not ............ ?
The assessee has already submitted the figures and financial statements to the Deptt.

Waiting for the reply

Thanks in advance

CA Rohit Vijaywargiya
Gwalior
Mob. 9301100575




07 March 2010 Whether your client's company is acting as a commission agent for sale of goods such as DOC(Oil cakes?) or they are procuring such input(DOCs) for some manufacturers of any final product against commission?



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