query on service tax

a pvt ltd co. "A" is providing animation training through computer under brand "CHI". The co.  "A" appoints another pvt ltd co.  "B" to do business under brand "CHI" as a franchisee centre.

The terms & condition are as follows :

a) All collection ,Bill & receipt will be in the name of Co. "A"'

b) All collection will be deposited in the bank a/c of "A". from where A will pay 80% share of collection to "B" for managing the collection,issue of receipt etc.

c) A co. has taken service tax registration under commercial coaching & depositing the same with department

d) All the expenses at franchise centre will be borne by co. "B".  

Now my query is that whether company  "B" is liable to collect service tax on 80% share of collection received from "A" if yes under which taxable services.

 

 

Replies (29)
Dear Mr. Vivek, as per your query, B is the frachisor defined in section 65(48) and providing service of franchise defined in section 65 (47). franchise is taxable in the hands of 'B' covered under section 65 (105)(zze). hopefully u will be satisfied.
My client is a tele serial producer. He sells the same to TV channels for lumpsum amount and also some time shares the revenue on time sharing basis from advertisement receipts and sponsorships. Whether he is liable for Service tax? If so under what chapter ?
Dear Vivek Company B will fall under Business Auxiliary Services. all collection made by B are for A. as such they are acting as an agent, which should be brought out in the agreement. If that is clear, B will not charge on 80%, however the comission receivied by B will be subject to Service tax. That means B will charge A for 20% commission and charge service tax on such commission A can take the credit of such service tax as it is purely in relation to providing output services Also Visit /homepage/DM%20Associate/
please issue me reply
There is no service component involved in this transaction.
I applied for a DDA plot in 1981 with Rs. 2000 as registration amount. it was alotted to me in 2003 taking in account Rs. 5400 where Rs. 3400 was taken as interest on my deposited amount for 22 years.I took the possesion of the plot in 2007 and the cost of the plot came to be Rs.150000.Now i sold it in april 2008 for Rs. 600000. How will the capital gains tax be computed? Will Rs 5400 be treated as my cost of acquiring the asset? and will the cost index be taken from 1981 or 2003? How much the capital gains tax will come out to be?

I am in Construction Business

One Tender Received in Febru 2007 this Tender receipt received in 06-07 sum amount I am paid service tax Febru 07 to Jun 07 as per 33% of receipt 12.24% then and then affter Rate is changed i am paid service tax during the period July 07 to Dece 2007 as per 2.0604% then Rate again changed in March

Whos method i am applied and applied method is correct or not

Please give me detail

Hi

This is santhosh. I have certain doubts regarding service tax.

Fees for technical services Received from HMI LTD of 1000000 + 126000 ST.

I give the sub-contract work to Korean people for Consulting purpose.

But he is not claiming service tax in his bill

I paid ST to Govt of RS 126,000.

Please confirm, I pay service tax infavour of Korean consulting People

Regards

Santhosh

Hi

This is santhosh. I have certain doubts regarding service tax.

Fees for technical services Received from HMI LTD of 1000000 + 126000 ST.

I give the sub-contract work to Korean people for Consulting purpose.

But he is not claiming service tax in his bill

I paid ST to Govt of RS 126,000.

Please confirm, I pay service tax infavour of Korean consulting People

Regards

Santhosh

Hi,

Can we take cenvat credit on the service tax paid for rent a cab service.

whether rent a cab service is an input service.

pl. provide the related case law if any.

 

Thanks

 

Jatin

Our concern regulary paid the Service Tax.  But I lost the challans for 2 quarterly payment. How can I get the duplicate paid up challans.

 

 

Nothing to worry, you can establish by seeking a certificate from the bank to the effect that payment has been made, moreover you have the bank statement to establish the payments.

These documents are sufficient enought to establish that payment has been made,

A non profit making trust runa school. School has given a painting comtract. Whether service tax will be applicable on above activity?

Please clarify & give case laws in favour/against if any available.

 

Originally posted by :Guest
" A non profit making trust runa school. School has given a painting comtract. Whether service tax will be applicable on above activity?
Please clarify & give case laws in favour/against if any available.
 
"


 

This service falls under works contract. In that service construction of building primarily fo rthe prupsoe of commerce or industry is covered. The repair and renovation of the same also is covered under the same head. If painting is repair/ renovation of the building which it appears tobe then since the building is one which is not for commercial purposes, there should be no service tax on the same. Dept may dispute.

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