u can file a return and claim for the TDS
Need help
Page no : 2
Ajeet Kumar Sarraf
(Partner)
(22 Points)
Replied 16 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 packaged 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.
Ankit Agarwal
(Chartered Accountant)
(197 Points)
Replied 17 March 2011
Refund cannot be claimed because the time of filing of revise return is over....
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