I am a distributor of Mutual Funds. As per law, mutual fund houses, deduct service tax @ 10.3 % on brokerage payable to me, similar to TDS. Since my total brokerage income does not exceed Rs.10 Lakhs, I am exempt from payment of service tax. In my case can I claim a refund of service tax deducted by mutual funds. If yes what is the procedure to claim refund ?

What is the effect of the decision by the Larger bench of CESTAT in the case of Deliam Industries? Will one have to pay the service tax from 2004 on work contracts? What about the time barred case i.e. for the FY 2004-05?

Good Morning All,
Our company is engaged in two services. One of them is with 50% abatement and second one is fully taxable. By some calculation errors we paid in excess a huge amount of Service Tax under that abatement service.
So can we claim this excess paid against the fully taxable service which we provides.
If not, please advise me how can we claim this excess paid of service tax.
Its urgent.......Please advise me.

Dear Sir,

I need your opinion on the following issue

One of Private Education Society Conducting courses which is recognized as well not recognized.

Wanted to know the Tax liability for both.

service provider providing Goods & Material provided like Books, laptop can get Exclusion from Value of Service.

Pls reply on Urgent basis & If have any case laws or notification pls send the same.

thanks in advance.

Hi! CA Friends

Our client has done 2/3 services under service tax registration, who is actual a trader, purchase and sell the items under VAT registration.

In recent activity, one day the VAT authorities are came and audit the things.
In that they search the ITRs/VAT returns/ST returns,
and concluded that for the service tax paid items/services again they are asking VAT.

Is it correct or not under AP VAT. Suggest...

The Billed amount in a year is Rs.900000, But the amount received in the same year is more than Rs.1000000, i.e. it is like advance without billing.
Whether that entity is liable for registration???
If yes then when it is liable?

Dear All,

We are undertaking Manufacturing of RMC ( Ready Mix Concert).

1. We charged Vat at (12.5% + 2.5%) =15% on RMC when we used only our all Raw-materials (Cement, soil, water, chemical, etc )

2. We charged Vat at (4%+1%)=5% on RMC when only cement are provided by our client & customer.

In 2nd case we have to used cement of our client due to their contract agreement with their client as “they have to used only selected type of cement for construction work”

3 Generally RMC which are supplied by us to our client are used for construction of Building and Road.

4. We have not collect any service tax on it as this amount to manufacturing as per Sec 2(F) Central Excise Act.

5. Now service tax department has raised quarry in their audit in our concern that RMC manufacturing in which cement are supplied by our client is liable to service tax as it is not manufacturing. They conclude that this is JOB WORKS as cement is supplied by your client/ customer and liable to service tax under BUSINESS AUXILIARY SERVICE.

6. Further they Conclude that as RMC is Manufacturing as per SEC 2(F) OF CENTRAL EXCISE ACT. But as It is liable to “NIL RATE” under Central Excise Act.
 So RMC In which Cement are supplied by our client is JOBWORKS and is liable to Service Tax. Vide Notification No. 8/2005 under BUSINESS AUXILIARY SERVICE.
 Further RMC in which if we have used our Raw-materials for manufacturing it is not liable to service tax as it is manufacturing.

My question is whether RMC is Liable to service Tax under Business Auxiliary Service or not.
 If we used All our Raw-Material for Its Manufacturing.
 And Only Cement is supplied by our Client for Manufacturing of RMC

Kindly give your best opinion in this matter.

Will there be any Service Tax component on Insurance premium paid to Insurance Co. by a Motor Car Dealer on behalf of us?

Dear ALL,

My doubt is fundamentally when is service said to have been rendered completely?

As in case of sale of goods.the sale is complete when all the risk and rewards associated with the sale are transferred.And the consideration is paid. So what is the principle for "services"


Thanks

How can find of commissionerate in service tax department site