Entity got covered in software service effective may 2008. Prior to the it was under BAS. Entity never paid service tax on import of service. Now he is ready to pay w.e.f 16/08/08 when service brought under separate category. Dept want ST on import transaction prior to 16/5/08 under BAS also. Please advise what is correct?
2 Replies
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 14 September 2010
Taxable services received from NR are liable wef 18.4.2006. If already registered in the past whether any balance sheet filed, any audit conducted. if so can claim that there was bona fide and the demand should be restricted to 1 year and longer period of limitation shoild not be invoiked.
If exporting can contend that as the same would have been refunded as per the EOS rules there should be no mala fide ascribed to the same.
Seek expert conusel if the stakes are big.
CA CS Akashdeep Singh
(Practicing CA)
(1394 Points)
Replied 16 September 2010
Thanks for such a good advice
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