GOURAV JAIN
08 May 2008 at 15:10

CENVAT Credit Under Service Tax

Hi,
We have one query regarding CENVAT Credit under Service Tax. The case is as follows:
There is one company, which has two units. One unit is registered with STPI and exporting the software out of India. Second unit is domestic unit and providing software services in India. Second unit is registered with Service Tax Department with effect from 08th of April 2008. Books of accounts of both the units are maintained separately. The second unit (domestic unit) has issued its first invoice on 31st of March 2008 for more than INR 800,000.
a) Whether this unit can take the credit of service tax on input services paid by it during the financial year 2007-2008. If it can take the credit, on input service of how many periods, it can take the CENVAT Credit?
b) During the financial year 2008-2008, whether the credit of input services received by first unit registered with STPI and exporting the software out of India can be taken against providing services by domestic unit.
c) If both the services are provided by one unit and no separate records are maintained for both the services, whether we can take the credit of input services received by the unit for providing both the services against the domestic services.

With Regards,

Gourav Jain CA

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vinay ahuja
01 May 2008 at 12:36

Service Tax on Immovable Property

Does anyone know of any judgement passed in any court in India , in favour of landlords as far as collecting service tax amount from the tenents is concerned ???
Our tenent is refusing to pay the tax though the lease was written well befoe 01.06.2006 when this tax did not exist .

Is this a good excuse to get the place vacated , as we are not getting the Full rent ??

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TUSHAR SUKHIA

I want to know is there is the service tax on the electricity provided by the malls or commercial building? My office is into one Mall or Shopping Complex & TATA is providing the electricity to this Mall but TATA has not charged any service tax. I have received the bill from the Mall inculding service Tax. Kindly solve my query.

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Vijayaganesh Sampathkumar
04 April 2008 at 17:04

Service Tax on Related parties

I have a query with regard to Union Budget 2008 changes.

The explanation to sec.67 has been amended to include the following:

(7b) "associated enterprise" has the meaning assigned to it in section 92A of the Incometax Act, 1961;

(c) "gross amount charged" includes payment by cheque, credit card, deduction from
account and any form of payment by issue of credit notes or debit notes and book adjustment, and any amount credited or debited, as the case may be, to any account, whether called “Suspense account” or by any other name, in the books of account of a person liable to pay service tax, where the transaction of taxable service is with any associated enterprise.’

In view of the above change, let us consider a scenario. I am a service provider. I provide services to A (related party) and B (not a related party). I send an invoice for services rendered to both A and B. The invoice is for 100000 service rendered and service tax @ 12% which is 12000, for a total of 112000.

Now, should i pay the service tax on the transaction with A immediately, without waiting for A to pay me the amount?

In respect of B, i would be paying the amount of 12000 service tax, only after B pays me the amount of 112000.

Because of the budget changes, am i liable for service tax as soon as i treat A as my Debtor (being a related party)?

Can someone please clarify? That would greatly help.

Thanks in advance.

Best Regards / VIjay

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CA Vikas Agrawal
21 March 2008 at 12:04

service tax on works contract

sir,
we r apvt.ltd.co, working as a builder, we gave the works cotract ( excluding cement & steel),
my querry is that when works contractor raised the running bill, then at what amount he will charge service tax,
bcoz in notification no. 29/2007, mention the value of work contract service determined shall be equivelent to the gross amount charged for the works contract LESS the value of TRANSFER OF PROPERTY IN GOODS INVOLVED IN EXECUTION OF WORKS CONTRACT, and LESS VAT TAX,

then in the case of works contract we will deduct all material used in execution of work contract is it right ?

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Anil
17 March 2008 at 12:13

Bonus provision - Practical issues

REGARDING BONUS:

Computation of Bonus payable for the year involves an elaborate process. It starts with adjustments to Net profits earned during the period( Please refer Section 4 and Second Schedule of Payment of Bonus Act, 1965).


REGARDING TDS ON SALARY INCOME:

Bonus shown as payable to employees is taken into consideration for computation of tax on Salary income of employees . Further TDS deducted from salary is to be paid to IT dept before 7th April( For March month)



CONCLUSION:

It means the bonus computation is to be finalised before 7th April of a year. For this company has to finalise its balance sheet before 7th April.



ISSUE / QUESTIONS:



1) Can anyone please let me know how do companies practically manage to finalise a Balance sheet before 7th April?



2) Even if the company somehow manages to finalise its balance sheet before 7 April, there is possiblitlity of Auditors recommending some changes to finalised Accounts sometime later than 7 April. How do companies deal with that?

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CA supriyo saha
10 March 2008 at 15:13

regarding bond yeilds

1) A bond which has 30 yrs to maturity and giving coupon rate 8%semi-annually is callable in 5 yrs at a call price of rs 1100/-. current YTM-7%.
wht is yeild to call?
whtt is yeild to call if call price=rs 1050?
pl solve this sir.

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Sunil
08 March 2008 at 15:02

set off of loss

my client senr rs 5 laksh with his employee during f y 06.07 for purchase og goods .and the employee went abconding. this was shown in the books as receivavable from him.
now the police have arrested him and said that the amount is irrecoverable. the business was closed during the f y 07-08
how can he set off this loss
how to adjust this entry

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R SRIDHAR
28 December 2007 at 20:22

CA certificate in respect of EPCG

Hi friends,

Could you please let me know the details in respect of CA certificate for EPCG export obligation? One of the client company has fulfilled export obligation of eight times of duty saved in respect of import made in 2007 dec.When should the certificate be obtained from CA in appendix 9a and 22.Is there any guidance book available?

Please advice me in this regard.

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