Dear Professional Colleagues,

One of my client is having Head Office registraion as Input Service distributor and factory registered with excise.

Now the Head Office issues Cenvat Invoices to Factory for cenvat taken on services bills recevived on all India basis.(Centralised Registration)

Factory is maintaining separate accounts for receipt, consumption and inventory of inputs used in the manufacture of dutiable final products and the quantity of inputs used in the manufacture of exempted goods. Accordingly fatory take CENVAT credit only on that quantity which is used in the manufacture of dutiable goods. It may also be noted that there is no any inputs which is commonly used in the manufacture of dutiable and exempted goods.

As Factory is taking full Cenvat credit in respect of the invoices raised by the Head Office and Head Office is issuing the CENVAT invoice on the basis of rule 7 and Head Office is not having any record of exempted goods with them, now how to not to claim CENVAT on services availed for exempted goods or common services on proportionate basis or Factory can claim the full cenvat.

I have some queries regarding service tax.

I am a proprietor of a Factory and i brought all my raw material from outside state by Indian Railway wagons & trasnportar's truck.

Now the query are as follows :

1) Raw material brought by Indian Railway wagons upto destination Railway station.

Mr. A works for the proprietor to load Pulses (Raw Material) in lorry from railway wagon. The proprietor pays the Lorry freight to Mr. A and MR A pays the freight to truck owner. No consignment note is made. Whether this service comes under service tax? if so under what head?
Mr.A is an individual. If lorry freight paid by Mr. A - what is the effect? Mr. A is authoried by the railway department for clearing work at railway good shed.

2) Sometimes proprietor brought Raw material (Pulses) in another station in the state by Indian Railway goods wagons and His staff loads the same in local trucks provided by the truck association the goods yard. Only challan is issued after loading. suppose freight @ Rs.60 per quintal then total freight = 200 qtls X 60 = Rs.12000/-
Out of which Rs.6000 is paid by my staff (taken from trashipment broker ) and the balance to pay.

The transhipment broker issues his bill (Truck Advance, Labour, Commision etc,) So I will be liable to pay service tax or not.if I am liable then what will be rate of Service Tax.
Only challan is issued for the delivery.

3) In road transporation the proprietor brought Raw Material from outside state.
In which bilty or COnsignment note issued and no service tax is paid by consignor or transportar. I am liable to pay the service tax or not. What will be the rate of service tax. In case service tax is paid by the consignor then what will be the treatment.

Please let me know the solution of above mentioned queries.

Kindly reply at an earliest.
Thanks
Sunil
Cell :94350-51992

Service tax is collected under the Finance Act. Why is not a specific Act like Service tax Act been enacted?

Mr. A take work from a company to unload the wheet/rice and cement from railway wagan and load it in lorry. Wagan booked by the company. Lorry freight paid by the company. Weheter this service comes under serice tax? if so under what head?If lorry freight paid by Mr. A - what is the effect? Mr. A is authoried by the railway department for clearing work at railway good shed.

I had bank charges to the bank which contains service tax at the rate of 12.36% and we receive service from one of the sub contractor at the rate 4.12% in composition scheme.

Can i set off above service tax i.e (12.36% against 4.12% Compsition Scheme)

i am a customer of one company and i had reffered some customers to the company by mouth publicity. company is paying me refferal incomee according to some formula
which has no relation to amount of prduct slae.They have point system and for every produc sale there are points and whereever there are 3 and 3 points at both wing we get 11500 rupees.for example copany send cheques this way.

Leftcustmer right custmer
group group rupees
3 3 11500
2 2 nil
3 300 11500
2 300 nil
3 1000 11500
2 800 nil
6 6 23500
1 400 nil
9 9 34500
9 2 nil
Can this income be termed as commission.if not what should be a proper word to descibe this type of income.
I am a customer of the cumpany and i recomended only 2 customers once in life time .then thes two brought 2 each in their turn.the process went on and today I have 2 direct and around 7000
indirct custmers in my chain can I be called commission agent here i make it clear that i am not involved in transactions of 7000 persons.

i need expert opinion as service tax department has asked us to register under service tax and pay service tax from 2004 to 2009 .
does such type of income comes under service tax.my first 2 refferences were in the year 2002 .

Dear friends n respected seniors
plz tell me how to avail cenvat credit of input srvice (e.g telephone)n how to open PLA A/C n wat docs n records are required to be maintained for the above purpose n where to apply for this
plz send me appropriate details

thanx n regards

While making a e-payment for Interest for Mr A, we had mistakenly entered ST regn of Mr B and processed the payment.
Pl. advise:-
1. if this payment can be adjusted to the
credit of Mr A.
2. if the payment can be adjusted with
regular ST liability in future (not
interest).

My client is in civil contract business.He mainly working in construction in roads and construction of sites ie.Construction of suger factory plats,Development work for Maharashtra Stae Elecricity Board(MSEB)and private Buildings. What are the provisions in service tax in this regard and what precaution we can take.