We are in the business of tour operator, mainly providing service of accomodation. but the thing is accomodation which we are providing to client for stay is taken on lease for various period by us and we have licence of luxury tax and bread and butter of same. we are providing cook along with accomodation facility. then how much service charges we have to collect, which tax is applicable and at what rate, how to raise invoice ?

Dear All,

Please guide me for the following query :-

"A" is a manufacturer of goods and supplies to "B" who is a customer through "C" - an agent. The Invoice raised directly by A on B.
Howver, the freight is being paid by the C (Agent)- out of his commission, and he books the freight as expenses in his books of accounts .

"A"(consignor) & "B"(consignee) are not paying freight to the transporter.
"C" who pays the freight is neither a consignor nor consignee ? In such a case, who is liable to pay Service TAx ?

one indian company receiving services from a foreign company and all the service tax liability was born by the representative office situated in india of that foreign company.
Both companies entered into an Agreement in case of new project;and as per a clause in that agreement all service tax liabilty will be born by that representative office.

indian company open a project office which was registered under service tax act, for the above project.

as the representative come to know that the project office is also registered with service tax department, they refuse to bear service tax liabilty.

is it be possible?

and if it be, then please tell me that is there any provision that indian company raise an invoice to the foreign company of service tax payable and after receiveing the amount of service tax from foreign company they make payment to govt.

Is service tax applicable for Advertising agencies. they shouls apply service tax.what if they provide recuritment service also. is there any limit of the same.

Let, there are 2 firms-A & B. B is collecting some Professional fees from a third party. While the service is provided to that (3rd) party jointly by A & B. Since the 3rd party is paying the bill amount to B only, A is raising bill on B against its own portion of fees. It was previously agreed that 60% of total professional fees collected from the 3rd party will be payable to A inclusive of reimbursement of expenses if any. For the time being A has made some Expenses on behalf of B (such as boarding, lodging,etc.)and the reimbursement of the same is included in that 60% amount.
My questions are-
i) is the agreement forming any "pure Agent"-principal relationship, if yes-How?
ii)If no, should A collect Service tax on the gross amount(i.e.60%)or amount after deducting the actual reimbursement? Please refer applicable Sec./Rule/Notification/Cases if any.

I had booked a flat in 2006 with a reputed builder. Towards this an agreement for construction and agreement for sell was executed. The payments were made as per the schedule of the builder. The UDS was registered in my Name while 85% of the construction was completed. Now the builder is refusing to handover the key as i have refused to pay service tax & works contract tax of totalling 4.04% of the construction cost.

Pls inform whether ST & WCT is payable by me as Allottee? If not, how to get the key as I have paid entire consideration of the flat.

As we know service tax is paid only when consideration for service is received. if no consideration is received no service tax liability arises.

At the time of billing we credit service tax account and provide service tax liability in the books of account whereas there is no service tax liability arises at the time of billing.

Please suggest proper accouting treatment of service tax so that liability can be created in the books of account only when it actually arises.

payment of service tax applicable to sub-contractor? Means all my client vehicles sent to company for hire, company charging service tax on their bills, shall we charges service tax on companies? We are not raising any bills to company, company will pay lum-sum amount to us, Kindly guide me.

is construction work undertaken in power plant exempted from tax

Dear All ,

One of my client is doing job work in the factory of say B on the material related to B and after specific norms of quality of the job work he is raising bills on total no. of pieces he completed on a monthly basis . B after deducting TDS making payments to my client through Cheques only . Here he is doing job work alongwith his labour . My querry is
whether he can be taken as a manpower agency ? as he is doing job work alongwith his labour in the premises of B because for become liable in Service Tax his concern is not a recruitment or labour supply agency / concern and further the billing is completely on piece basis already mentioned on the face of the bills he raised. How the Service Tax authority can treat him as a labour supplliers agency ?
another aspect is he is doing job work of the material related to B on which B is paying and assessable under excise duty in that case notification no 8/2005 also exempt his as a job worker also .

My final querry is whether my client can be held liable under service tax in both the mode reffered above i.e.
1. under manpower recruitment agency
2. under business auxiliary service
after reading the above provisions and facts as i have already reply to the ass.comm. and submitted photocopies of the bills given to B , Form - 16 A , copy of bank statment and copy of ledger in B'S books but neither he cross any question to me but now he has given notice to B and asking the details .

Can anybody clarify the above whether my client can be liable under service tax

My e-mail ID : gargbk2001 @yahoo.com