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Vijay Chitte
28 April 2009 at 14:47

Service tax on Foreign Bank Charges

The process of realization of export proceeds from buyer, two banks viz exporter’s bank in India and nodal bank in foreign country render their service
and both of them recover ‘Bank Charges’ for services rendered by them.

When an exporter receives export proceeds, their Bank in India sends export documents to their Foreign Bank for further necessary action. Such foreign banks then proceed further and realize export proceeds from buyers. They remit the export proceeds at prevalent foreign exchange rate after deducting their Service Charges to Exporter’s Bank in India.

Whatever charges deducted by Foreign bank, Service tax is liable on it?

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CA.NAKUL GUPTA
28 April 2009 at 09:17

surcharge

surcharge is imposed on income tax but not on service tax and wealth tax ,F.B.T. AND MANY MORE TAXES.WHY?

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MAHENDRA SHAH
27 April 2009 at 15:36

payment of servicetax

dear sir

payment of servicetax

liability

construction of resi.+ commercial complex

builder.orcontractor or
owner of flat, shop, office

please confirm the liability

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CA Sunanda Badgujar
25 April 2009 at 14:20

adjustment of excess service tax paid

hello to all,
my query is that, whether excess service tax paid by a person can be adjusted in the next service tax payment?
Pls reply as early as possible
Thanks in advance

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CA Nitin Wadhwani
24 April 2009 at 14:51

TDS and Service Tax

A Partnership Firm is purchasing chemicals from a limited company which is sold in transit to another entity i.e sec.6(2) sales the format of invoice is follows:

Basic Price xxxxxx
Excise xxxxx
Education Cess xxxxx
H.E.C xxxxx
Sub-Total xxxxxxxxxxxxx
CST xxxx
Sub-Total xxxxxxxxxxxxx
Freight xxxx
Grand Total xxxxxxxxxxxxx

The Freight is paid by the buyer.

There are two questions:
1.Whether Tax is to be deducted u/s 194C for the freight paid?
2.Whether the buyer being not the consignee is liable to pay service tax under Transport of goods by road as a service receiver.

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Amit Nowlakha
23 April 2009 at 16:11

VAluation of Composit Services

Fact:
A limited company engaged in providing Tower Installation Services by using certain materials which are ultimately transfer to the contractee.

As the installation service includes the transfer of property in goods, the company is charging VAT @ 12.5% on 80% of the Gross Amount Charged (Including Material) according to the provisions of DVAT. As per DVAT provisions 20% abatement will be available in case of composit work contract.

Further, the company is charging Service Tax after availing 67% Abatement under notification 1/2006 i.e. service tax is charged on 33% of the Gross Amount Charged.

By following the above procedure, company is paying tax (both VAT and Service Tax) on 113% of the gross amount charged.

Query:
Can the company pay Service Tax on balance 20% of the Gross Amount Charged by following the Notification No. 12/2003 or Rule 2-A of the Service Tax (Determination of Value) Rules 2006, rather than paying service tax on 33% of the gross amount charged.

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ANAND SHEIK

After the incorporation of ITSS under Service Tax Act , the dealers in softwares are charging both VAT and Service tax on sale of softwares and Licenses. Further in some states there is Vat even on sale of customized softwares. If VAT is already there on sale of softwares ( branded/ customized ) then how there can be service tax on sale of branded and customized softwares ?

Please clarify.

Furher is there any case pending before any of the high courts in India on validity of charging service tax on sale of Softwares(branded/ customized).

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suparna k s
15 April 2009 at 15:31

taxability of service tax

does the process of preparation of documents for a company to facilitate ISO audit of the Company attracts service tax?

If so, under what head of taxable service?

Based on my understanding of the service tax, i tell that it might be covered under business support service. But iam not quite sure about it.

Bcoz in service tax, we should initially determine, whether the said service is covered under taxable service or not?

My question is the aforementioned service is taxable service to be leviable under service tax ? and mention the taxable head of service.

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Nikhil Bakliwal

We are exporters of agricultural commodities.
Our suppliers (service providers) are charging service tax on freight bills, Professional surveyors, commision by bank against realisation of export proceeds,etc.

As per notification no. 33/2008 dt 07.12.08 clause 'e' of notification 41/2007 has been omitted.
clause 'e' states service tax cannot be claimed if assessee is "availing drawback of service tax paid on the specified services under the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995; "

CAN ANY 1 LET ME KNOW WHAT IS THE MEANING OF .............drawback of service tax paid on the specified services under the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995........

HOW CAN DRAWBACK BE CLAIMED OF SERVICE TAX? drawback is claimed on goods exported & not on service tax.

my contact details are:
Cell - 9930361807 & nikhil@shlogamagro.com
Nikhil

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Deven rasiklal vejani
27 March 2009 at 15:09

service tax

as 31st is coming how to calcualte payable service tax on payment basis or accrual basis? pls immediate reply on
deven_vejani@yahoo.com pls.

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