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Query Posted : 29698
Query Replied : 29697
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  • whther a trust registered under 12AA of I T ACT is liable for payment of service tax on R C M ?
    by Vithal on Tuesday, January 17, 2017  at 04:52 PM

    Whether a Trust registered under 12AA of I T ACT is liable for Service Tax either as provider of Service or as recipient of service ? Whether the Trust will be liable for Tax deduction under G S T ACT?

  • Recovery of Sales Tax amount
    by Mrudul on Tuesday, January 17, 2017  at 02:55 PM

    XYZ (manufacturer)recovered amount from the customer towards not providing ā€˜Cā€™ Form for which XYZ has to pay full sales tax to the govt. Is XYZ liable to pay service tax on the amount recovered?

  • Whether Abatment will be applicable on Import prepaid Freight
    by Yogesh Ashar on Tuesday, January 17, 2017  at 01:11 PM

    Dear Mr. Datey As you are aware the Service tax department has amended the Service tax rules and RCM vide Notification No. 2/2017 and 3/2017 relating to the Ocean Freight for goods transported from Outside India to the Custom station in India, paid by a person who is no resident in indian taxable territory which in trade parlance is known as "Prepaid Import Freight". My query is whether the benefit of abatement as envisaged in serial no. 10 of the Notification 26/2012 as amended.

  • Licence Fees
    by Mrudul on Monday, January 16, 2017  at 04:38 PM

    1] XYZ(India) paying to PQR(USA) towards using their monogram, an amount towards licence fee, monogram fee and audit fee in foreign currency. 2]XYZ(India) paying to PQR(USA) towards design and engineering services in relation to their final product. will both the situations fall under Rule 3 of POPSR and XYZ will be liable to pay under reverse charge? if yes, once he pays, can he avail credit of the same?

  • Liability of tax in EMD forfeited
    by Madhavan on Monday, January 16, 2017  at 12:00 PM

    ABC (Ltd)forfeited EMD due to violation of contractual obligation of the bidder. 1. whether it is taxable in refrain from an act or tolerating an act? 2. If taxable, whether ABC Ltd or the bidder is liable for service tax liability ?

  • Commission received
    by Mrudul on Saturday, January 14, 2017  at 05:36 PM

    XYZ(India) received order from PQR(U.K.) for Interior Refurbishment of Aircraft & commissioning business. Airlines is based at Ireland who want to get job done for their Aircraft. XYZ located service provider in USA (ABC) who will do job in USA. Aircraft will move to USA for getting repair. PQR will make agreement with ABC for jobs to be done and payment done from Ireland to USA. XYZ will get the commission from ABC. Is XYZ liable to pay service tax on it?

  • Adjustment of service tax wrongly paid
    by Mrudul on Friday, January 13, 2017  at 10:26 PM

    XYZ wrongly paid serive tax under reverse charge for ' services provided by govt. which is under mega exemption notification under sr. no. 49. He is also paying service tax under reverse charge on GTA service. Can he adjust the service tax wrongly paid against liability of GTA services?

  • Service Tax charged by TCI XPS on freight
    by RAKESH kumar on Friday, January 13, 2017  at 04:42 PM

    Sir WE are paying freight to TCI XPS Ltd.They are charging service tax on us.Kindly suggest whether we are liable to pay service tax under reverse charge ? We are also registered as a body corporate.

  • Applicability of condition of distinct person for Export of Services
    by Pragnesh on Friday, January 13, 2017  at 03:11 PM

    Shareholding pattern of Indian Company (ICO) and Foreign Company (FCO) is identical If ICO provide service to FCO, whether such provision of service will qualify as Export of Service in light of condition relating to distinct person. All other conditions are related to export of service are satisfied

  • Service Tax paid on LC & BG Charges
    by RAKESH kumar on Friday, January 13, 2017  at 11:15 AM

    Sir We as Infrastructure company engaged in Mining Service,Erection Service & Works Contract Service. We have paid service tax on LC Charges & BG Charges.Kindly suggest whether Cenvat Credit can be allowed in case of Mining service & Erection Service for both the LC & BG where we paid Service Tax at full rate. Whether Cenvat Credit can be allowed in case of works contract on LC & BG both ? Since LC is for material purchase.

  • CENVAT Credit on Uniform of Employees
    by Yogesh on Friday, January 13, 2017  at 10:21 AM

    All Employees of company have to wear Uniform provided by Co. Co has purchased Uniform from Vendor who has charged 2% Excise Duty. Can Co take CENVAT Credit of this, Question arises because employee related.

  • Adjusting wrong payment
    by Mrudul on Friday, January 13, 2017  at 07:22 AM

    XYZ (manufacturer) is paying service tax only under reverse charge. One of the reverse charge payment wrongly made by him from April'2016 was for a service which is exempted under mega exemption notification. Can he now adjust the same while paying service tax under reverse charge for subsequent payments for other services?

  • ADDITIONAL PLACE OF BUSINESS-ATM PREMISES
    by DHIREN on Thursday, January 12, 2017  at 06:12 PM

    DEAR SIRS, AS PER PLACE OF PROVISION OF SERVICES UNDER GST, WHETHER BANK IS REQUIRED TO MENTION IN ITS REGISTRATION APPLICATION ALL ADDRESS OF ATM MACHINES INSTALLED ALL OVER INDIA? SINCE BANK ACCOUNT HOLDERS USE ATM MACHINES AND BANK PAYS RENT FOR INSTALLING MACHINE AT DIFF LOCATIONS AND IN TURN TAKES CREDIT OF SERVICE TAX PAID ON RENT TO LANDLORD. THANSK

  • late fee for Filing of returns
    by CHIRAG SHETH on Thursday, January 12, 2017  at 01:37 PM

    Sir, recently we have received notices for non filing of returns. however , in majority of returns there was nil service tax and no business activity..Dept is asking for late fees. is there any way we can avoid this..

  • ST UNDER RCM ON AGMARK FEES PAID
    by hardik on Thursday, January 12, 2017  at 01:09 PM

    RESPECTED SIR, WHETHER ST IS APPLICABLE UNDER RCM ON AGMARK FEES PAID TO DIRECTORATE OF MARKETING & INSPECTION. THANKS IN ADVANCE.

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