C.A Deepak Asopa (Head - Finance & Accounts) (56 Points)
15 March 2011We are paying commisson on export as per the agecy agreement . Quarterly basis we are making credit note as per commission mentioned in Shipping bills. As per the attached file commission credit balance lying as on 15.03.2011 311151.00 in agents a/c.
Kindly advice regarding service tax payment on 30.03.2011 on commission 311151.00 .
CA Unnikrishnan Nair N
(Chartered Accountant)
(2083 Points)
Replied 15 March 2011
Commission comes under BAS. Recipient based category for import of service . Your are liable to tax under reverse taxing. Threshold exemption not available. But cenvat credit is admissible if used for providing taxable service or manufacture of excisable goods.
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 15 March 2011
any service received or provided after the sales from factory gate is not eligible for input credit, as it does not quality for "input services required for taxable output services / sales"
Ajeet Kumar Sarraf
(Partner)
(22 Points)
Replied 18 March 2011
FACTS
A firm engaged in the business of Tour operator having a contract with a client of Rs 1 crore in relation to package tour and the firm provides service to the client by through awarding sub contract (part of packaged tour) to 3 subcontractor of Rs 20 lacs each separately
After that the firm i.e. service provider raises a bill to the customer and charges service tax @ 2.58% as applicable in relation to packaged tour
Now question arises .
1.Whether the subcontractors are liable to pay service tax. @ 2.58% on taxable value of Rs
20 lacs each separately
2.If sub contractor is liable to pay tax on total amount of Rs 60 lacs (considering the
value of taxable service provided by them and simultaneously the firm also paying
service tax on Rs 1 crore then in this case the contract value shall be of Rs 1.60 crore
(1crore + 60 lacs) In this circumstances what are the service laws as applicable
3.If sub contractor is liable to pay tax on total amount of Rs 60 lacs and deposit the same
the firm cannot take CENVAT credit due to availing of abatement scheme.
In that circumstances the principal main Contractor is liable to pay Service tax 1.00 cr. @ 2.58% and also contractors shall also to pay 20 Lacs each . Is it correct or not Please enlightened us on the above subject.
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 18 March 2011
| Originally posted by : Ajeet Kumar Sarraf | ||
 |
FACTS A firm engaged in the business of Tour operator having a contract with a client of Rs 1 crore in relation to package tour and the firm provides service to the client by through awarding sub contract (part of packaged tour) to 3 subcontractor of Rs 20 lacs each separately After that the firm i.e. service provider raises a bill to the customer and charges service tax @ 2.58% as applicable in relation to packaged tour Now question arises . 1.Whether the subcontractors are liable to pay service tax. @ 2.58% on taxable value of Rs 20 lacs each separately 2.If sub contractor is liable to pay tax on total amount of Rs 60 lacs (considering the value of taxable service provided by them and simultaneously the firm also paying service tax on Rs 1 crore then in this case the contract value shall be of Rs 1.60 crore (1crore + 60 lacs) In this circumstances what are the service laws as applicable 3.If sub contractor is liable to pay tax on total amount of Rs 60 lacs and deposit the same the firm cannot take CENVAT credit due to availing of abatement scheme. In that circumstances the principal main Contractor is liable to pay Service tax 1.00 cr. @ 2.58% and also contractors shall also to pay 20 Lacs each . Is it correct or not Please enlightened us on the above subject. |
 |
you have option to charge full rate of tax with input credit of tax paid by sub contractor or avail the abatement and forget the tax charged by sub contractors.
PF & ESI Course - Labour Code 2019 Along with Examples and Case Studies
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