query on service tax

Originally posted by :vivek gupta
" 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.
 
 
"


 

Originally posted by :Guest
"

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

 

What is your output service ? For qualifying as input service it has to be used while providing the output service.

"

I am having an mobile service centre.I am registered with the service tax department.Now i have shifted my centre to another location and in my old location i will be selling mobiles.Need i apply for a new service tax no or my old no. will do by just providing the required information to the concerned department.

Originally posted by :J.ANANDA BABU
"   "


 

My client is doing labour job to one private limited company and doing coated powder paint on Water Heater and C Fans by involving himself and labour in the premises of company .All the material like plant for coating , paint etc.are provided by the company and only labour is provided alongwith himself . He raises the bill for work done on piece rate basis in the sense that whatever work completely done by him including labour engaged by him and the payment has also received after deducting TDS as per Income Tax Tax . His gross billing is 8 - 11 lacs per annum . 

whether there he is liable under manpower Recruitment or Supply Agency's Services ? as the Service Tax Department has issued a notice under this chapter . 

In my view , neither he is providing any labour nor he is raising his bills on the strength of the labour engaged by him in the premises of the company .

Now the second question is whether he can be covered under Business Ausiliary Services in the Production of goods on behalf of the client  . As per my enquiry it can not be covered it there is folowing two conditions fulfil :

1. Process carried out by the service provider should be a process of manufacture under Excise Law and

2. Goods should be specified either in Schedule I or Schedule III of Central Excise Tarrif Act

May you please confirm it whether the process of painting coated ceiling fans blades and water heater is covered under above two provisions and whether the same is liable under the perview of Service Tax .

Hope the above clarification will be sent to me .

 

Thanking you ,

 

 

( BAL KRISHAN GARG )

Pls find enclosed herewith the two bills of Lathia Rubber Mfg. Co. Pvt Ltd wherein we have got the our rubber recoated by them. The party has charged us the service tax on the total recoating value however they have also charged us vat 12.5% on 25% of recoating value, this 25% they say that it is the chemical used in the recoating.

Now what we have inform them that if you are charging vat on 25% of the value , then service tax should be on the balance 75% value. But the party says that there is no such provision in the service tax laws and service tax will be chgd on the total value.

Pls advice.

we are a pvt company hiring truck for transpotation of  Final Goods . as the transporter not charges any sevice tax so we are creating our liability and depositing the service tax. we are deducting the TDS on whatever amount paid to transporter and not deducting any TDS on

SERVICE TAX deposited by us on behalf on transporter. So please clear TDS on this service tax is applicable or not .

Originally posted by :vivek gupta
" 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.
 
 
"


 

In my view, A is providing "commecial coaching service" whereas B is providing "Bussiness Auxiliary Service". A is liable to pay ST on 100% whereas B is liable to pay ST on 80%. ST paid by B is available to A as input credit.  

Originally posted by :J.ANANDA BABU
" 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 ? "

 

As we are company engaged in the Broad-band services.  We have started the Business in the February - 2010. However we have not taken Service Tax Registration till the May- 2010,  as we have not provided any services nor any other business tranasactions. During this period we have just taken some services of professionals and paid auditors remuneration. 

In this connection Please let me know whether we can take the Service Tax Credit after making the payments to the parties, although we  have yet to get registered under service tax rules.

Please give your opinion on the same.
Originally posted by : vivek gupta

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.
 

Dear Sir,

It appears that the arrangement is one of outsourcing , therefore business support services maybe examined.
 

Originally posted by : sanjay madane

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

 

Dear Sir,

There was no liability for your transaction upto 1.6.2007. After that paying at 2.06% upto 1.3.2008 and thereafter at 4.12% maybe ok.

Originally posted by : Guest

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

Dear Sir,

WEF 18.4.2006 the payment to NR for taxable services is liable under reverse charge mechanism. You are liable and the same is not on behalf of the Korean co,

Hi

My business is outdoor catering.I want to allocate in two business one(like A) for providing services second(like B) for procurement of goods for tax benifit.

my query if business one(A) purchased goods from second business(B) as a pure agent for providing catering service to third party.whether it's possible or not.if possible then

invoice raise by business(B) to Business(a) In favour of ???????????????

Other Requirement in that case

Thanks in advance

Arun Kumar Gupta

Ph 9310340263

mail Id :-cakumararungupta @ gmail.com

 

 

 

 

Dear Sir,

We are air cargo agents and deal with airlines and airlines send their bill/CSR after 45 days.

Suppose for month of October 2010; we will get the Airlines CSR( Cargo Sales Report ) on 30.11.2010 but for October 2010 service tax due date is 05th of Nov’2010. Then on 5th of November 2011 we deposit on provisional basis.

But the problem is when we get the CSR we find there is deviation in actual and provisional. Sometimes we get that we have deposited excess and sometimes we find that it is short deposit. At the end of 6 months at the time of filling the return we consider all excess and short deposit and after that the difference figure we use to deposit.

 

You all are requested to kindly advice me what is the correct way and whether department will consider this excess and short amount adjustments 

Thanks and Regards


Pankaj Kumar

Hiii,

One of my clients who provides Web site services to his clients. further retainership is yearly. I wanted to know under which category this service will be taxable under Service tax. The descripttion of Service is the advertisements of Ink Product over his website.

Pls gv me some clarification on that.

 

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