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Nirmal Jit Singh

Please advice on the applicability of Service Tax on Sinking Funds Invoices raised by RWA on it's Members once in a Year to collect amount for future replacement of Housing Complex's Assets, e.g. Chillers, Lifts, Diesel Generating Sets etc. ?
There are various views.
1. One view is amount of Sinking Fund is taxable at the time of raising Invoices as amount per Member Exceeds Rs.5000/-. Invoices are raised Once in a Year.

2. Another view is, it is NOT Taxable as it is in the Assets Replacement Fund, i.e. for Purchase of Capital Assets and not for providing maintenance Services.
There is also argument that when the Assets will be purchased, there will be significant portion of VAT and very little portion of Service Tax for Installation of the Asset/s. So, practically no significant portion of cenvat credit benefit will be available to RWA.
There is also argument that when Assets will be purchased in future, RWA do not claim Cenvat Credit. So Department has received the Service Tax in that way included in the Invoice of the Vendor to RWA !!

3. The 3rd argument is that Assets will be purchased by RWA as Pure Agent for it's Members and NO QUESTION of Service Tax applicability !!

Please advice if Service Tax is to be CHARGED by RWA on Sinking Fund Invoices raised by it on it's Memebrs or NOT.
N J S

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Navnath
02 December 2016 at 17:51

Renting of plant & machinery

HI EXPERT
RENTING OF PLANT AND MACHINERY SUCH AS JCB, POKLAND COVERED UNDER SERVICE TAX.
SERVICE PROVIDER IS NOT TRANSFERING RIGHT TO USE MACHINERY TO RECEIVER.
IS THERE ANY ABATEMENT ON THIS

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Mangesh Narvekar
02 December 2016 at 14:30

Service tax on tax consultants

Dear Learned Members,
Please provide solution for following queries -
1) Whether individual, who is not CA/CS/CWA/Advocate is required to pay service tax on his professional fees related to tax consultancy, Insurance and Mutual fund Advisory?
2) If A is laying for Recognised sport body, whether A is liable to pay service tax on his retainership fees? if Yes, on which amount service tax is required to be levied, Total retainership fees or Net of TDS retainership fees?

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Anonymous
01 December 2016 at 14:33

Service tax on construction

Sir,

There are 4 vacant plots owned by 4 different individual in same vincinity.

They all have approached contractor to build residential building for their own purpose.

Contract is for material and labour both.

Whether service is required to be charged by contractor on the same and if yes, notification no 8/2016 on 1st march 2016 stating 70% abatement can be taken by contractor for discharging his dues ? As notification clearly states, that the value of land is to be included in taxable services, but here only land belongs to plot owners and contractor is specifically approached for construction services only.

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Jatin Garg
30 November 2016 at 21:57

Cancellation of ST Reg.

How can I apply for cancellation of Service Tax Number of a firm.

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CA Harshit Rathi
30 November 2016 at 15:09

Service Tax works contract

Can a individual works contractor under composite scheme ( service tax ) 40% & 60% claim abatement of 75% of 40% labour payment under construction of residendial flats.. I have a doubt in this.please help

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Anonymous
29 November 2016 at 12:37

Applicability

Hi Everyone
Please resolve my query which is stuck in my mind:
Mr. A gives on hire a printer to Mr. B for 2 years but Mr. A has right to cancel the agreement at any time and also incidental losses would be born by Mr. A.
My question is which Tax would be leviable upon this transaction Service Tax/ VAT.
As it is not Transfer of Right to use as per VAT (Deemed sale) as whole control is not with Mr. B
and it is not Transfer of Right to use (under service Tax as declared service) because possession is with mr. B.
So please advise the taxability.

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TARIQUE RIZVI
28 November 2016 at 21:43

Service tax on professional charges

I am a qualified professional as an architect. Whether I should charge service tax from my clients, How much percent in case of recovery of service tax. Whether I will have to file service tax return also ? I give Tuition to the students who are doing course of architect. Whether I will have to charge service tax from my students ?

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Anonymous
25 November 2016 at 11:07

Revised service tax

Dear Sir,
We have done service tax return but after that we file revised return but now i found one mistake in our service tax return then what should i do please advise .

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Mahendra Singh Rao

My query is that whether late filing penality provision is applicable on NIL RETURN OF SERVICE TAX IF NOT FILED ON DUE DATES

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