08 September 2010
ABC Enterprises is a partnership firm engaged in the business of courier service.
Firm was formed in August 2009.
Firm has a turnover of approx. Rs.80000/- as on date.
Firm now proposes to have Service Tax Registration.
Query
How the Firm can have ST Registration ?
That is, First Firm should complete the ACES formalities and get the PAN based STC number and then, it is required to pay Service Tax for the said turnover.
Ans : ...................
Whether the Firm can continue without obtaining Service Tax Registration and after exceeding the Exemption Limit, shall obtain Service Tax Registration.
Ans : ...................
Please advise how to fulfill the requirement and proceed further on the matter.
08 September 2010
Not a problem, the firm can go for registration, basic exemption is option for service provider, whether taking or not taking is service provider choice, Department will accept the registration
Guest
Guest
(Querist)
10 September 2010
Hi Friend,
Once again, thank you.
In fact, I have been informed by the Service Tax Official that as the Firm is serving for a branded courier (say First Flight Courier), the Firm is supposed to pay Service Tax for it's entire turnover and may apply for voluntary Service Tax Registration.
Please clarify, if possible, whether the STO's advise is right and in order.
yes, the STO`s advise is correct, as per notification no.6/2005/ST- DT:1.3.2005, which is dealing the thershold exemption specifically excludes the service providers using the Brand name of others, so you are using the First flight brand name, you are not eligible for claim basic exemption limit,so total turover taxable
Guest
Guest
(Querist)
10 September 2010
Hi Friend,
Thank you so much for giving me clarity on the above mentioned queries.
Friendly yours, D.KARTHIKEYAN.
Note : Friend, sorry to bother you.
May I request the following cases by e-mail (deekarthik@gmail.com) if possible :
1.Speed & Safe courier service vs CCE (2008)13 STT 257 (Bangalore, CESTAT)
2.French Express Network p ltd vs CST (2008)16 STT 10 (Chennai CESTAT)