CA Suresh Choudhary
15 January 2009 at 17:08

CENVAT Credit

Query:
i want to claim the cenvat credit (excise pad by us in input material used for construcion of bldg)

What details i have to provide to the Service tax department along with ST-3. Please provide the link from where i can confirm the rules prescribed if any.

Regards
Suresh Choudhary

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Manudeep Garg


In Total Services,, one service is of Construction of Commercal or Industrial Complex,, and also there is one service of Works Contract. Please tell me what is the difference between these twos?
My Client is Contractor for Civil Construction,, which one would be applicable on him?

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GANESH SHANBHAG

my client has been awarded civil construction job for a government college. is service tax applicable on such activity or is it exempt

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Amit
10 December 2008 at 17:43

Service Tax on Advance received

We had received work order (civil work) worth 60 lacs. Under T&C party will pay Service Tax. Against the goods at site the party had given us advance of Rs. 7,10,505.00 after deduction of 3% WCT and 2.266% TDS.

Now my question is:
Party is not paying Service Tax at the time of issuing us Advance. Party says this is advance and not payment against any bill. Service Tax wiil be paid un release of payment against any bill.

Do I have to pay Service Tax upon receipt of advance. If yes then at what rate?.

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Babaljit Singh
10 November 2008 at 15:58

CENVAT Credit

a proprietorship company has cenvat credit of service tax available in his business of installation and commissioning and also the proprietor has a property which he has given on rental and there he is to pay service tax on rental services

can he take set off of cenvat credit under installation service to pay off his liability under rental services

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vsns sharma

We got civil contract for Rs.623 Lakhs in MP. My boss asked me the impact of VAT /WCT/Service Tax & How can We benefit from this? I arraived material cost of 127lakhs, Direct Cost-272lakhs & Overheads-156Lakhs. I Calculated Input VAT & Output Vat.Here I am unable to know WCT & Service Tax % & value. Moreover my client deducting wct-2% in the payment. Is it elegible for Input tax. Plz help me how to go about?

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Prakash

I wish to know if an imported 'readymade' application software either in 'digital/non-physical' form or 'boxed' form from USA/UK, when sold in India, does 'Service Tax' need to be charged to the buyers ?

As I understand, 'Tally' is also a readymade application software and buyers of Tally are charged only VAT @ 4% and not Service Tax.

Awaiting expert opinions.

Thanks.

G. Prakash

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AOJSM
18 October 2008 at 13:24

Service Tax@4.12%

I just signed up for a duplex house in hyderabad. The actual cost of the house is 50Lacs (PlotCost+CostofConstruction=9,33,000+40,67,000). Now the builder is charging ServTax@4.12% on 40,67,000=1,67,560/- and VAT@4% on 42,34,560(40,67,000+1,67,560)=1,69,382. The ST+VAT component is totalling to 3,36,942/-. Is this calculation correct??

As per my understanding of ServTax according to this link http://in.rediff.com/getahead/2005/aug/03tax.htm.

The Statement:
"With effect from June 16, 2005, exemption has been provided up to 67% of the gross value of services provided by the builder. Hence, service tax would be charged on 33% of the gross value."

33%*40,67,000=13,42,110/-. So ServTax=4.12%*13,42,110=55,294/-.

1.Is the above (55,294)calculation correct?? If not
pls explain in detail.

2.ServTax is mentioned as 12.36% in all matters, then how come its being charged as 4.12%? On what basis is this figure reached?

3.Am I being charged inappropriately by the builder??

4.When I was talking to another builder he told that VAT was charged at 1% and not 4% and that too it needs to be paid at the time of registration, so he asked me to reinquire again with the builder i'm signing up wiht. This put me in a BIG DILEMMA, as to whether i'm being taken for a ride or is everything fair.

5.My builder is insisting that I pay the ST & VAT by the time of 1st installment release of the bank loan.

6.The house is still under construction (70%complete), so am I still liable to pay ST/VAT at this stage itself or can I pay after taking possession of house, alongwith registration?

Sorry if i'm asking too much, as i'm not familiar with all these terminology. Just started reading articles on these and confused, until I came across this site. I hope my clarifications are answered in best interest of me.

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lalit kumar sharma
16 October 2008 at 18:11

Intellect property rights

My Co. is a private ltd. company. We are management consultants and conduct online test for students. Now we have done agreement with other proprietor firm to purchase online test product (psychometric test) with support services for promote to our business. Now we want to pay rs. 75,000/- as per agreement. It will be attract any type of tax liability/TDS.

regards,
lalit

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suraj
16 October 2008 at 15:54

Service tax on mobile recharge

Hi,

Whether service tax is chargeable on the sale of Recharge Coupons. Acutally the coupons are purchase at a discount and sold to the retailers.

Thanks

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