St issue
This query is : Resolved
05 January 2016
Dear Experts,
XYZ limited is manufacturing concern of branded product however we are engaged in partnership firm authorized by xyz limited to repair & maintenance of it's branded product, assume mr. X (individual) has purchased any product from xyz limited with one warranty and after one year mr. X has complaint to us (partnership firm) to repair his out of warranty product after repair of product we will issue the invoice to mr. X from the name of our partnership firm and will receive payment from mr. X, tough the authorization by xyz limited does not seems to be for out of warranty product because in course of out of warranty product company is not responsible for anything else query.1) as per above following case does our firm eligible for 10 lacs, exemption or not....
Thanx & Regard
Pankaj Gupta
XYZ limited is manufacturing concern of branded product however we are engaged in partnership firm authorized by xyz limited to repair & maintenance of it's branded product, assume mr. X (individual) has purchased any product from xyz limited with one warranty and after one year mr. X has complaint to us (partnership firm) to repair his out of warranty product after repair of product we will issue the invoice to mr. X from the name of our partnership firm and will receive payment from mr. X, tough the authorization by xyz limited does not seems to be for out of warranty product because in course of out of warranty product company is not responsible for anything else query.1) as per above following case does our firm eligible for 10 lacs, exemption or not....
Thanx & Regard
Pankaj Gupta
05 January 2016
Dear
Highly debatable issue.
It is recommended to pay service tax on out of warranty products also. As if you do not pay st the litigation may arise afterwards.
Highly debatable issue.
It is recommended to pay service tax on out of warranty products also. As if you do not pay st the litigation may arise afterwards.
05 January 2016
sir many thanx for your reply... we were authorized by company to repair it's warranty product in this case we will issue the invoice to company instead of customer and company will made the payment to us but in case of out of warrantny we will issue the invoice to customer instead of company and customer will made the payment to us for repairance of out of warranty product.
plzz clarify on repairance of out of warranty product weather we are eligible to avail 10 lacs exemption or not and it is also to be noted that company is not linked with out of warranty product as far as authorization is also concern....
05 January 2016
Dear
Do not claim exemption benefit of Rs. 10lakhs as it is a unsettled issue.
Practically there are many court/ tribunal ruling but these are not on single line i.e some decisions say to avail exemption and some restrict to claim exemption.
If you claim exemption then it is most expected that you may face litigation or deptt scn in near future.
So do not avail exemption.
And also near my place there is a lenovo authorised service center they do charge st even on the out of warranty products without taking exemption benefit.
Do not claim exemption benefit of Rs. 10lakhs as it is a unsettled issue.
Practically there are many court/ tribunal ruling but these are not on single line i.e some decisions say to avail exemption and some restrict to claim exemption.
If you claim exemption then it is most expected that you may face litigation or deptt scn in near future.
So do not avail exemption.
And also near my place there is a lenovo authorised service center they do charge st even on the out of warranty products without taking exemption benefit.
05 January 2016
ok sir.. sir assume i am authorized by lenove and at the same premises we are also repairing dell company's out of warranty product. while issuing invoice to dell product owner can we claim ssi exemption as we are not authorized by dell company..
05 January 2016
Dear
In case you have to take different service tax number.
Also the premises should be different (like first floor or second floor)
and person should be different .
as one person can provide as many service he want to give on single st number.
In case you have to take different service tax number.
Also the premises should be different (like first floor or second floor)
and person should be different .
as one person can provide as many service he want to give on single st number.
05 January 2016
No sir i am not taking different ST No. my query was i am authorized by only lenovo to repair the lenovo product however alongwith the lenovo product u am also repairing other company's product like samsung, LG, Dell etc, at the same premises plz let me know on repairance of other company product can i avail 10 lacs exemption inspite having same ST No, same premises...
05 January 2016
No you can not take exemption like that. Since the service is same.
05 January 2016
To avail the exemption do as prescribed in my previous answer. and issue different bill.
05 January 2016
sir to avail exemption only dirrerent invoice is enough or we have to changed the premises and also have to obtained another ST No. plzz clarify
05 January 2016
Different invoice is enough.
05 January 2016
sir in different invoice the service centre name, premises address, cannot be different.. in this case can we avail ssi or not
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