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

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.

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

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

Hello Friends,

My question is whether service tax is applicable in case of Paddy Milling Charges?

please refer to Notification No 14/2004-st dated 10-09-2004 and also explanation (ii) to Notification No 13/203-st dated 20-06-2003.

The notification no 14/2004 exempts production/processing of goods done in relation to agriculture and the 13/2003 defines agriculture produce.....

Our compnay is engeged in road construction as well as mining sector.We were paying service tax on mining activity.
Upto last year our compnay was not maintaing the seprate records of input and consumption.Hence we were paying the service tax by utlizing the CENVAT credit @20% of service tax payable and remainign in cash. So till 31-3-2008, we have very huge balance in CENVAT credit having mix of taxable as well as exempted input service. Now from 01-04-2008, service provider has to opt weather he is to maintain seprate records for taxabale and exepmted service. We have opted to maintain seprate records for taxabale as well as exepted services. Now my question is what would be treatment of Opening Balance of CENVAT Credit? Can we use for payment of service tax or we shoud write off the same or use only 20%

Is it mandatory to have service tax registration number to claim cenvat credit refund under rule 5, if we export 100% of our services out of india.
can any one give some case law

Gentlemen
x is a pvt ltd co running a convention centre in india. they prepare food at their kichen and serves at the convetion halls. x charges food at per head rate say Rs 500/- per head. they makes \kvat bills and remit the vat at 0.50% compounded rates. they does not pay services tax.
x never is never cateres outside thier premises so they are not coming under the perview of the definition outside catering.
kindly advise me what is the service tax implication on the above trasnasction?

If we receive a GTA service in relation to export sale, whether it is exempt under GTA Rules of service tax or not.
please clarify.

Dear Experts, (our registered office in Delhi)

We have Traders in Flooring Tiles and also provide the Interiors & Decorators Service in the Delhi & outside Delhi. We have received the various input service from Delhi & outside Delhi like clearing & forwaring shipping agents, chartered accountant, telephone, courier service, Transporter (GTA) etc. and paid the service tax thereon. Please give me, advise regarding the credit taken on input service to output service (interiors & decorators)