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Sunil Bagade

Dear Sir / Madam

Greetings of the Day !

My company carries the Hospitality Business & have Service Apartments Hotels.

We need the opinion on the following points regarding the service tax.

Present Tax Structure for the Banquet hall with the food supply

PRESENT TAX STRUCTURE FOR BANQUETS
PARTICULARS AMOUNT SERVICE CHG. SERVICE TAX VAT TOTAL TAX INCL. SERVICE CHGS
FOOD 100.00 5.00 6.48 13.13 24.61%
SOFTDRINK 100.00 5.00 6.48 13.13 24.61%
LIQOUR 100.00 5.00 6.48 21.00 32.48%
MISC. 100.00 5.00 10.81 0.00 15.81%

• 40% abetment is taken on F & B for Service Tax.
• Vat charged on Full F & B including service charge
• No abetment is taken on Misc. under convention

In the above case the total tax comes to 24.61% on F&B & 32.48% on liquor which is very high.
Even we cannot take Service Tax Input Credit being the abatement taken.

We need the opinion in the above case:

• Can we make one bill defining the service (hall rental) & food sale with the respective taxes ?

• What will be the basis for service : sale ?

• Can we split the bill for service (hall rental) & food sale? If we can split the bill what will be the basis for services : sale.

• In case of Out Door Catering what will be the tax structure.
• Can we take input credit on misc., its been fully taxed

Please reply with the details so that all the confusion gets over. Thanks in advance


DARSHAN
01 April 2009 at 15:26

EXCESS PAYMENT

BY MISTAKE ASSESSEE HAS PAY EXCESS PAID SERVICE TAX SO,HOW I WILL DISCLOSE IN FORM NO. ST-3 AN EXCESS AMOUNT IN WHICH COLUMN?


Manish
01 April 2009 at 15:26

TDS on out of pocket exp

if any vendor on which we are already deducting TDS @2.266% is charging service tax on out of pocket expenses incurred by him.

shall we charge TDS on bill of out of pocket expenses of that vendor?


Ashwini Kumar
01 April 2009 at 15:24

Liability of the employer

Respected Seniors,

What will be the result if Tds deducted is not accurate or according to the law?
e.g. If HRA exemption u/s 10 (13A)is given to an employee for a rented house in other state while he is living in his own house at the place of present posting. He has a loan for that house & also availing deduction u/s 24 (b).

The Emploee is posted at X city. He has his own house in that city. But he wants exemption u/s 10(13A) for a rented house in city Y because his family lives there.
But as per sec. 10(13A) he can not claim exemption if he is not living in that house. Am I right.


PANKAJ MISHRA
01 April 2009 at 15:18

INVOICE NUMBER

Our last bill number of service tax dueing 2008-2009 is 86/2.3.2009
Now as on 1.4.2009 i shall issue new invoice for billing of renting from serial number 1 or continue old serial number i.e.87,88,.......
Plase advise.


GANANADHA P
01 April 2009 at 15:15

TDS 192 B

Dear experts,
I pay salary Basic, HRA, Medical allowance, others in payslip. but conveyance paid on voucher payment Rs.4500/- .
1.my doubt is conveyance paid Rs.800/-per month (800*12) is exemption U/S 10 (54000-9600=44400)Rs.44400/- is taxable? or not?



PF amount is Deduction U/S 80C ?

plzz urgent


praful
01 April 2009 at 15:12

service tax for Air travel agent

SERVICE TAX RATE IS REDUCED FROM 12% TO 10%, IS THERE IS ANY CHANGE OS SERVICE TAX FOR AIR TRAVEL AGENT WHICH IS 0.618% & 1.236%


V Natarajan
01 April 2009 at 15:10

House Property

Being the private Ltd company purchased the house property and has taken the bank loan. Income of the said property assessed as House property Income. Whether the company can claim interest against the income. Interest alone 45% of the said HP income.


Abhishek Ved

Dear Sir,

We are Hiring vehicle for our company , (1) should we pay service tax on vehicle hiring ,
(2) if yes , what should be the rate of Service tax
(3) What is the rule of abatement


Anurag

I'm a Tour Operator & Travel Agent based at Agra. I get my Domestic & International Ticketis issued by an IATA Agent in Delhi. For which my associate agent in Delhi issue Invoice in favour of my company, and charge Service Tax @ 0.6% on Basic Fare (in case of Domestic Tickets and @ 1.2% on basic fare (in case of Int'l air tickets).

I also issue my Invoice for the same ticket to hand over to my clients and charge the same rate of service Tax (as by my associate agent in Delhi.

Means, I charge the same amount of Service Tax, which I have already paid to my Associate Agent in Delhi (who is issuing tickets for my clients).

So my question is that-

1.Would I be entitled for Cenvat Credit of the Service Tax/ Cess, which I have already paid to my Agent in Delhi??

2. If I'm entitled for Cenvat Credit, should I not pay any Service Tax/ Cess (locally in Agra) for the tickets issued thru my agent in Delhi.

3. I came to know that if one claims Abatement, he is not entitled for Cenvat Credit. As I'm charging my clients @ 0.6% and 1.2% on the basic fare of tickets (means I have claimed the Abatement), will I be entitled for Cenvat Credit??

4. If I'm not entitled for Cenvat Credit, I would be paying DOUBLE Service Tax/ Cess (1. to my Agent in Delhi & 2. in Agra locally), where as I'm charging the Service Tax from the client only for one time.

Paying the service tax/ cess for the second time (locally in Agra) would reduce our profits. IS IT JUSTIFIED??

KINDLY ADVISE.

Yours Sincerely,

Anurag