manoj k jain
This Query has 4 replies

This Query has 4 replies

01 October 2008 at 12:50

Service Tax Refund to Exporter

Bulk export requires accumulation of cargo at port and therefore it happens that cargo taken in one quarter to port is exported in next quarter.

Also the exporters pay service tax GTA on the payment to transporters. In such situation also it happens that Service Tax is paid in the next quarter of export.

Refund Claim of Service Tax provisions requires that for each quarter proof of exports and service tax payment is to be submitted within 60 days from the end of quarter. The provisions are based on the assumption that Service Tax on Services shall be paid in the same quarter of exports.

So please guide how does one claim service tax refund in the cases where service tax payment and export do not fall in same quarter?


CA Praveen Chopra
This Query has 1 replies

This Query has 1 replies

01 October 2008 at 12:36

Penalty for non registration

What is the penalty if the registration is not obtained under service tax.


Prashant Kani
This Query has 1 replies

This Query has 1 replies

01 October 2008 at 12:21

Service tax input

Dear Professionals,

We are in manufaturing industry. We are paying service tax on professional fee of a foregin consultant.

I want to know whether we can utilise service tax paid on GTA as input and pay the balance amount.

As we are comes under state excise, we are not liable for central excise duty.


Prasanna Bhat
This Query has 3 replies

This Query has 3 replies

01 October 2008 at 08:52

Registeration

Whether it is mandatory to register service for all IT companies who do software development services outside india pls let me know


amit surana
This Query has 1 replies

This Query has 1 replies

30 September 2008 at 18:19

amendmant in rule 6of service tax rule1994

what is the amendment in Rule6 of Service tax rule1994.please explain in details


Ravi Kumar Rajgaria
This Query has 4 replies

This Query has 4 replies

30 September 2008 at 13:49

service tax applicable

Service tax is exempt if turnover is less then Rs. 10 Lacs.

For which year this 10 Lacs criterie is applicable? like Our Turn over for 2007-08 is Rs. 7 Lacs and till Apr-Sep, 08 Billing is rs. 15 Lacs. So is service tax applicable for this year?


satish kumar durai
This Query has 3 replies

This Query has 3 replies

30 September 2008 at 12:54

Exempted Services List

Dear All

Can you provide Me the latest list of exempted services list. Particularly from Insurance Industry

eg for what type of Insurance policies the service tax is exempt???

Your reply will be highly helpful to me as I am a Insurance Professional


CPA Partha Sengupta
This Query has 1 replies

This Query has 1 replies

29 September 2008 at 23:37

Payment of Service Tax

Hi all,

Suppose “XYZ” is an educational institute. It renders broadly two types of services. One is educational service (exempted from paying service tax as per policy of the institute and in accordance with the service tax law) another one is project consultancy service (taxable service). As per project policy of the institute, total estimated project cost (Rs.112.36) is to be calculated as Rs.100.00 (cost of the project) plus Rs.12.36 (service tax). It has got Service Tax Registration No. say on 28.06.07 for providing project consultancy services to its client. The institute generally follows the below mention steps during execution of a project:
1. Preparation of project proposal with budget (in some cases there exists MOU with the client but different projects have been completed one after another and some projects are still running)
2. Sending of the same to the client for sanction.
3. Client gives sanction and releases 50% money.
4. Execution of project.
5. Physical Closure.
6. Financial Closure only after receipt of balance money from the client.

Now, kindly study the following case:

Project proposal with budget sent to the client before 28.04.07 i.e. before the date of the registration (28.06.07). Budget does not include service tax element. Sanction with 1st installment money received on 22.07.07 from project client. Final installment has also been received from the client on 16.08.08 after the physical closure of the project.

(i) Service tax will not attract because project proposal with budget (there is no practice of raising bills) sent to the client before the date of registration.
(ii) Service tax will attract in this case since sanction as well as 1st installment from the client has been received after the date of registration.
(iii) Service tax will attract since services rendered after the date of registration.
(iv) Client may be informed about the fact and Service Tax needs to be recovered from the project client if possible by revising the budget.
(v) Client is not willing to give any additional money and therefore, service tax is to be paid by the Institute out of its project profit applying the back calculation formula.
(vi) Which date and what document should be considered for the purpose of levy of service tax?
(vii) Should service tax attract all the running projects for which proposal has been sent before the date of registration and if yes then who should bear the tax since tax element not yet included in the budget?
(viii) Can budget be revised for running projects incorporating service tax element on the entire project cost at any point of time?

Please give your opinion on the above issues.

Thanks in advance.


SAM KOSHY
This Query has 1 replies

This Query has 1 replies

29 September 2008 at 20:48

Registration

Suppose one person like to start a real estate agency with activities such as buying & selling of real estate, building construction & act as a real estate broker. He like to register as a single proprietor of the firm.

What are the formalities such as registraion, service tax payable etc.

S.K.


ganesh
This Query has 3 replies

This Query has 3 replies

29 September 2008 at 16:16

Query on GTA Service Receive

Dear Professionals,

I want one Service tax solution

Our company is received service on Transport by Road (Lorries). This is comes under Goods Transport Agency Services (GTA). We are only receiver of that service. we have no any other services.

we are mine traders. we are purchasing mines and and paying transport charges. but we are not providing any tranportation.

Monthly we are paying service tax approximately 6,00,000/- at rate of service Tax @ 3.09% afer taken of Abatment (75%)

In this one person claiming commission on our company and collecting service tax @ 12.36% by him. And we paid total commission with tax.

In this case shall we take input credit for payment of GTA Servcie tax.

Regards

Ganesh