amit c ( Sr. Accountant) (120 Points)
30 May 2010A person is running a business as eureka forbes franchisee whose turnover does not exceed Rs. 9 lacs.Registration is required or not ? if reg not required then whether he is liable to payment of tax when he is billing party for services which includes service tax? pls help me...
Jeevesh Mehta
(Advocate- Corporate Commercial & Indirect Tax Advisory)
(861 Points)
Replied 31 May 2010
Dear Amit,
Registration not required till your turnover reachs 10 lacs. But id you are charging service tax in your bill to your customers and recovering it then its a problem for you. If you are not required to pay TAx till you reach the threshhold lmit why are you charging ST from your customers.
Department can take penal action against your firm and ask you to deposit the Service TAx recovered from customers along with applying for the Registration.
Regards
Jeevesh Mehta
Ph: 9811617186
amit c
( Sr. Accountant)
(120 Points)
Replied 03 June 2010
Thanks for ur reply...but the above person is providing services under a brand name or trade name of 'eureka forbes".....is the same rule apply to him or there is any exception??
Jeevesh Mehta
(Advocate- Corporate Commercial & Indirect Tax Advisory)
(861 Points)
Replied 04 June 2010
Dear Amit,
There is no difference if you are using brand name or trade name. Over to it there is seprate service head " Franchise Service " , therefore there is no fall back from the above treatment i had explained earlier.
Regards
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