EXEMPTION FOR SEZ UNIT

I am in the business of outdoor advertisement . In Oct 2009 , i did some campaigns for one of client and charged service tax . After a month i recd the payment from my client without service tax . When i enquired they sent me a SEZ certificate .( enclosed ) . I took this certificate copy and showed it to the chennai service tax office . They also confirmed that i should not charge them .

But last week I came to know from a friend auditor that work not within the SEZ unit alone is exempted . he also said of notification 9 / 2009 and amendment 15/2009 . this is was confirmed by the senior official in service taqx department.

Immediately i wrote to the company with this notification and asked them to pay the service tax now atleast . but they are refusing stating that they have not paid anyone across india .

What should i do ?

please help me

 

 

 

 


Attached File : 51 tax exmption xls.pdf downloaded: 323 times
Replies (3)

You are absolutely right. You have compaigned outside SEZ complex and for this you are required to charge service tax.

You can mail them a letter mentioning detail of notification.

Govind Agarwal

Expert Service Tax

(With Delhi Commissionerate)

GSK Consultancy Service

21.04.2010

Thank you Mr. Govind .

Yes i have already mailed them in detail with the notification . What are possibilities

1) If they agree to pay and then i collect the pyt for the service tax portion from them . Should i need to pay any fine for this ?

2) In case they do not agree for this ? what should i do , like do i pay the amt with fine .

please help me sir .

As per notification all services on which you want exemption is approved by Development Commissioner.

So you take from them the certificate of DC Office mentioning the Advertisement service thereon.

Otherwise you can write the letter to concerned Development Commissioner. In North Inida, Mr. Pandya is the Development Commisssioner (NSEZ).

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