Easy Office
LCI Learning


Krishna Murthy

1.I Would like to know if i can adjust excess payment of sevice tax in one quarter to the service tax payable in the next quarter.

2.I have found in the service tax website a new format of ST-3. I would like to know from which half year the said new format of ST-3 is applicable.


Please let me know the answers to the above queries at the earliest


Abhijit Pimple
14 September 2007 at 17:20

Availment of Credit

Sir/Madam,

We found that, During the previous period Service Tax element was wrongly debited to Expenditure account. Thus the Expenditure was wronly booked.
Now can we rectify the Expenditure by Crediting the amount to Exps account and Debiting to the Service Tax Receivable account?
Can we take Input Service Tax Credit for this amount in current year?

Please suggest taking into account all the implecations ie in regards to Income Tax and the Service Tax Angles.

Please let me know the provisions in this regards.

Regards,

Abhijit Pimple


Anand Solanki
14 September 2007 at 15:57

Service Tax on reimbursement of expenses

Hello,

Whether service tax is applicable on debit note raised on group companies for expenses incurred on there behalf like travelling, staff welfare, mobile expenese. We are not providing any taxable service to these companies.


Himanshu Tandon
14 September 2007 at 11:42

FABRICATION


That My client had done fabrication with separate contract for fabrication work as the activity of fabrication covers under Excise but when tanks or pipe supports are fabricated at site though not embedded in the earth, are erected at site, stage by stage, and after completion they cannot be physically moved. But on sale/disposal they have necessarily to be dismantled and sold as metal sheets/scrap. It is not possible to assemble the tank or pipe supports all over again. Such tanks or pipe supports are, therefore, not moveable and cannot be considered as excisable goods. In my client case all the items assembled or erected at site and attached by foundation to earth cannot be dismantled without substantial damage to its components and thus cannot be reassembled, then the items would not be considered as moveable and will, therefore, not be excisable goods. This has been clarified by the department vide circular dated Order No. 58/1/2002-CX, dated 15-1-2002. This satisfies that the activity which My client is doing on site is not excisable. If the said activity is done from the factory and then finished tanks are removed from the factory to site then it becomes excisable as it is movable at the time of removal from factory. Therefore it not wholly exempt from excise activity and it is exempt if it is considered as moveable, although it amounts to manufacture under section 2(f) of the central excise.
1. Now the Question if that Weather the Job work of Fabrication done by client is covered under Business Auxiliary service?

2. Is the Job worker can Claim exemption under Notification No. 8/2005-S.T., dated 1-3-2005 which says that if the finished goods amounts to manufacture under central excise then it is exempt under service tax?


vivek
13 September 2007 at 11:02

pls help me......

i couldn't crack the last cpt...next exam on nov 4th...can i pass it by preparing 50days nd what r d tips to be remember, i mean which subject should be given importance nd if it is needed to look all chapters in detail?pls help me.....


R.V.RAO


WE ARE A MANUFACTURING COMPANY ,THE FACTORY IS LOCATED AN A SMALL TOWN, WHERE WE INCUR TRANSPORT BILLS,TELEPHONE, INTERNET BILLS ETC.. ON WHICH SERVICE TAX IS ATTRACTED.
IN THE SAME STATE CAPITAL,we are a REGISTERED service provider RENTING IMMOVABLE PROEPRTY ( GODOWNS IN THE NAME OF THE SAME COMPANY) ON RENTAL BASIS.THE REGISTRATION FOR SERVICE TAX IS DONE AT THE STATE CAPITAL, WHERE WE HAVE THE IMMOVABLE PROPERTY LOCATED.
WE COLLECT SERVICE TAX THROUGH THE RENT BILLS AND DEPOSIT THE SERVICE TAX AMOUNT COLLECTED.
WE NOW WISH TO TAKE THE INPUT TAX CREDIT FOR THE SERVICE TAX DEPOSITED ON OUR RENTAL BILLS BY SETTING OFF THE SAME AGAINST OUR SERVICE TAX PAYABLE ON TRANSPORT BILLS,TELEPHONE, INTERNT BILLS ETC.PAID AT OUR FACTORY.THERE IS NO SEPARATE SERVICE TAX REGISTRATION FOR THE FACTORY,THE COMPANY BEING SAME.
PL. CONFIRM WE R ON RIGHT SIDE OF THE LAW.
R.V.RAO


Pavithra
06 September 2007 at 23:00

Service tax on repairs works outside India.

An Indian company sends a certain part of an imported machinery to the original machine manufacturer(outside India) for repair/reconditioning.The original manufacturer,after repairs,will send the same part along with the invoice for the repair charges alone.
Please let me know of the tax liabilities(service tax,witholding tax, etc.)
on this transaction.


Harsh Raiyani

A Co. having mfg units in India, is also into trading activity for the very same item which it manufactures. The co has entered into JV with those co's.

The outward freight from that JV co. to the depot of mfg co. is paid by the mfg co. The JV co. is not having any depot of its own.

Under such a situation, can this mfg unit avail CENVAT credit of service tax paid on outward freight (considered as inward freight for it) and distribute the credit to its mfg units (service tax distributor).


neeraj gupta
05 September 2007 at 23:44

Applicability

with due respect,

i want to know wether Servitax is applicable on brokerage of "Soya DOC"(Oil Cake)by a proprietory firm or not

if any cleri./notification/caselaws then please refer me

thanks


neeraj gupta
05 September 2007 at 23:42

Applicability

with due respect,

i want to know wether Servitax is applicable on Authorise Service Station of Hero Honda or not when Service receipt in F.Y.2005-06 is Rs.105200, 6-7 110140







Answer Query