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Query Posted : 29814
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  • Commission earned by MLM members
    by Pradeep on Saturday, March 25, 2017  at 06:50 AM

    Dear Sir, An Indian company engaged in selling products through MLM pays commission to a foreign member in the MLM. When products are sold to Indian members below the foreign member's chain in the network, foreign member is paid some commission. Should this be charged to ST under RCM? (relevant question - whether such foreign member is construed as intermediary? foreign member does not actually undertake activities like an agent for each sale but creates a chain of people below)

  • OIDAR Service
    by Sanjeev on Friday, March 24, 2017  at 12:48 PM

    This in regard to OIDAR service being taxable from 1st Dec. 2016, provided by Service provider located outside taxable territory. Service Provider provides E Journal to his customer and subscription period is 1st Jan 2016 to 31st Dec 2016. During this period subscriber have the right to view the journal on website (it is like subscription of Taxmann portal). Bill was raised in Jan 2016 but payment was received in Dec. 2016. Is prorata amount of subscription will be taxable.

  • Whether ST under RCM is applicable to Hiring of tanker outside India
    by Susanta Datta on Thursday, March 23, 2017  at 12:20 PM

    We are manufacturer. We export goods. One Tanker trailer service provider was hired wherein they will provide such tanker trailer. We will pay hire charges. The service provider is located at USA and the tanker trailer also moves only in USA. What rule of POPS will apply. Is there any RCM liability on us at India.

  • ST ON EMPLOYEE'S COST SHARING
    by Yogesh on Tuesday, March 21, 2017  at 12:34 PM

    Employee A (Managerial – high Salary) is on Payroll of Co A. Employee A is also working for Co B – sister concern of Co A. Co A charges 50% of Salary of Employee A to Co B. Should ST be charged on this Invoice?

  • ST ON EMPLOYEE'S COST SHARING
    by Yogesh on Tuesday, March 21, 2017  at 12:34 PM

    Employee A (Managerial – high Salary) is on Payroll of Co A. Employee A is also working for Co B – sister concern of Co A. Co A charges 50% of Salary of Employee A to Co B. Should ST be charged on this Invoice?

  • Is service tax applicable on paying guests?
    by Pradeep on Tuesday, March 21, 2017  at 09:54 AM

    Hello sir, a company is engaged in obtaining properties on rent from landlord and offering paying guest services to students, workers etc. They provide accomodation as well as food and charge a composite monthly rent. Is service tax applicable on such paying guest service? Please provide reference in law / notification

  • PROJECT COMPLETION METHOD
    by PRAKASH on Monday, March 20, 2017  at 03:53 PM

    WHETHER THE SERVICE TAX PAID ON 90% OUT OF 100 FLATS BY A FIRM DUE TO PROJECT COMPLETION METHOD OF ACCOUNTING CAN BE RECOVERED FROM THE EXISTING LIABILITY TO PAY S. TAX ON THE BASIS OF THE PLEA THAT THE BOOKING CANCELLED. AS 50 FLATS ARE NOT YET SOLD BUT THE S. TAX HAS BEEN PAID ON 90 FLATS. PLEASE GUIDE

  • PROJECT COMPLETION METHOD
    by PRAKASH on Monday, March 20, 2017  at 03:48 PM

    RES. SIR, A PARTNERSHIP FIRM IS MAINTAINING THE BOOKS ON PROJECT COMPLETION METHOD. THE FIRM HAS CONSTRUCTED 100 FLATS BUT DUE TO RECESSION ONLY 50 FLATS ARE SOLD AT THE TIME OF BUC.(COMPLETION CERTIFICATED RECEIVED FROM THE COMPETENT AUTHORITY). THE FIRM HAS PAID SERVICE TAX ON THE PROJECT COMPLETION BASIS ON THE 90 % OF THE TOTAL FLATS DUE TO THE ACCOUNTING METHOD FOLLOWED FROM YEAR TO YEAR. NOW, WHETHER THE SERVICE TAX CAN BE RECLAIMED AS REFUND AS EXCESS PAYMENT OF TAX ON 40 FLATS ?

  • Storage Management Service
    by Mrudul on Saturday, March 18, 2017  at 07:12 AM

    XYZ (U.K.) is buying the goods from India but before importing to U.K., the same are being stored in a place in India owned by PQR(India). PQR is charging storage and warehousing charges for the same to XYZ and receiving the same in foreign currency. Is PQR liable to pay service tax on the amount received from XYZ?

  • Third Stage Dealer
    by Mrudul on Friday, March 17, 2017  at 04:58 PM

    XYZ (importer) is importing the goods and re-selling to PQR(Dealer) by passing on the Credit. PQR is re-selling the same to ABC(Dealer) by passing on the credit. Can ABC further pass on the credit to his customers or the chain gets broken i.e. the status of ABC will be second stage dealer or third stage dealer?

  • S.T. Applicability
    by Ashok on Friday, March 17, 2017  at 01:20 PM

    Sir, I would like to know ,1) How much % of S.T. Chargeable on Insurance Premium? 2) How much % of S.T. chargeable on Domestic Airline fare? and How much % of S.T. is payable on International Air Fare? Kindly inform me. Regards.

  • Restaurant service
    by Raghavendra on Friday, March 17, 2017  at 12:02 PM

    ABC ltd runs restaurant in 3rd floor of the building. There is no Air condition in 3rd floor. However, it has office in 2rd floor of the same building which has air condition facility. Whether ABC ltd is liable to pay service tax on restaurant service treating the same as it has air conditioning facility in any any part of the establishment?

  • Rule 6 & SSI Exemption
    by Mrudul on Friday, March 17, 2017  at 10:12 AM

    Sir, audit party's objection is if one is claiming SSI Exemption of Rs.1.5 Crore for own brand, then he is not allowed to pay 6% under CCR, 2004 for the full credit availed on inputs and utilized for payment of duty on branded goods for which SSI exemption is not allowed. Is it correct?

  • Whether Service Tax is payable under RCM by a Healthcare Company on Service of Doctor Director
    by RAHUL on Thursday, March 16, 2017  at 05:17 PM

    Sir, Our company is providing pathological services, directors of the Co. are doctors. Whether pathological services provided by these doctors are liable for service tax under Reverse Charge Mechanism. Co. is paying only remuneration to these directors after deducting TDS under Professional fees, no separate commission or sitting fees were paid to them. Dr's are not engaged in any type of administrative work. Dr's are daily attending the lab to provide the pathological services. Kindly guide

  • Rule 6 of CCR, 2004 & SSI Exemption
    by Mrudul on Thursday, March 16, 2017  at 05:07 PM

    Sir, my actual query earlier was, XYZ manufacturing both, 'with others brand'and 'with own brand' & claiming 1.5 crore exemption for own brand. Can he claim full credit of inputs and use it for paying excise duty on others brand and pay 6% under Rule 6 of CCR, 2004 for goods cleared with own brand on which SSI exemption is claimed? audit party is denying the same.

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