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Bhavana   16 May 2011 at 14:08

Service tax applicability of legal consultancy

We are getting professional bills from Advocates. upto mar,2011 Service Tax was not charged by the Legal firm.From Apr,2011 they charge 10.3% Service Tax on total bill.Whether ST is applicable w.e.f 01/04/2011? I did not get such information from net.whether TDS on Prof.bills is to be deducted on ST or on only professional fees?

Abeda S. Banu   16 May 2011 at 12:30

HRA admissible for both husband and wife or not

Sir,
We are both State Govt. emplolyees of West Bengal.
I am serving for 2+ years and my husband is just recruited as Govt employee.

I get HRA (Rs. 2400/-). As I reside on rent I get the consession in Income tax calculation.

His place of posting is about 250 km from my work place(Kolkata). In his job they get either quarter or HRA. He is residing on rent near his work place.

My question is:
Will we both get HRA ? If yes then please tell the respective law (article ?).

sri   16 May 2011 at 12:10

What is the Value for ST?

Dear Experts,

Please clarify the doubt.

I am having a doubt regarding the following queries; when, if, a person is required to pay service tax as a recipient of service for the service imported from the country other than India what would be value of service; for the payment of service tax need to pay. The queries are

1. If, the agreement to pay in Indian Currency, invoice value is Rs.10,000

(a)If TDS deducted from the Rs. 10,000, (Rs.10,000 less TDS on Rs.10,000), Service Tax on value?
(b)If TDS is not deducted from the Rs. 10,000 (pays Rs.10,000 to foreign vendor) and TDS pays from India Company, as per agreement. What is the impact on Service Tax and Income Tax? Service Tax on value?

2. If, the agreement to pay in Foreign Currency, invoice value is $10,000
(a)If TDS is deducted from the $10,000, ($10,000 less TDS on $10,000), Service Tax on value?
(b)If TDS is not deducted from the $10,000 (pays $10,000 to foreign vendor) and TDS pays from India Company, as per agreement. What is the impact on Service Tax and Income Tax? Service Tax on value?

Based on the above queries, I would like to know the following:

3. What is the impact on Service Tax (regarding the valuation of taxable service and others like gross amount?) and Income Tax (admissible or non-admissible expense and others, if any – amount), in both cases?

4. What are the requirements to be fulfilled regarding the same in both the cases, under different statutes?

Thanking you,
Yours faithfully,
Srikanth
Learner

C Suresh Krishna   16 May 2011 at 11:44

One C Form for two different Quater (VAT)

We have supplied some materials to our customer in two different quarters i.e. 1st and 2nd Quarter of FY 2007-08, but customer had provided us single C Form. C Form was issued on receipt basis. On 27.06.07 one truck material was dispatched to customer and received in to there factory in July-2007 and another truck was sent on 13.07.07 and they had received in July-2007, therefore they have issued single C Form for the 2nd Quarter of FY 2007-08

Now the Sales Tax Authorities rejecting the same and demanding two separate c forms for two quarter. The said unit was now closed, and they are unable to provide us C Form.

Our local consultant filed appeal on it and quoted on judgment of Maharashtra Sales tax department, but still sales tax department (Raipur, Chhattisgarh) in not convince.

Kindly suggest us what we can do now. Please send case law or any thing to resolved this issue

preet   16 May 2011 at 09:44

Cumulative Provident Fund

Hello,

An employee open a cumulative provident account in a bank in 1992, in the name of employee and employer jointly. Now they get only 3 % interest on that amount as the reason the account is open as saving account. Now they want to transfer this amount to other provident fund account where they get 9% interest rate. How it is possible without charging any tax?

niranjan   15 May 2011 at 08:27

can anybody help me? Please do

sir, pls solve my confusion.

on 1.1.2011 Mr x sold final product to her wife, Mrs. X at Rs. 1000/- per kg

Mrs. X sell all goods purchased from his husband to his son Mr Y. Mr. Y sells these goods in retail market.

Mrs. X sold the goods to Mr.Y as follows:
on 1.1.2011----@ 1500/-
on 15.1.2011----@ 2000/-

goods purchased on 1.1.2011 are sold by Mrs X to his son on 15.1.2011.

My confusion is that
what is the Assessable value of good sold by Mr. X to her wife Mrs. X on 1.1.2011?
whether 1500/- or 2000/-.

Rule 9 in the exact language is writte as follows--
--When the assessee so arranges that the excisable goods are not sold by an assessee except to or through a person who is related in the manner specified in either of sub-clauses (ii), (iii) or (iv) of clause (b) of sub-section (3) of section 4 of the Act, the value of the goods shall be the normal transaction value at which these are sold by the related person at the time of removal, to buyers (not being related person); or where such goods are not sold to such buyers, to buyers (being related person), who sells such goods in retail :
Provided that in a case where the related person does not sell the goods but uses or consumes such goods in the production or manufacture of articles, the value shall be determined in the manner specified in rule 8.

so i am thinking that AV of goods removed from X to Mrs. X on 1.1.2011 should be Rs. 1500/-

Am i correct or not?

Thank U for your help.-






niranjan   14 May 2011 at 22:50

pls anybody clear my confusion

sir, pls solve my confusion.

on 1.1.2011 Mr x sold final product to her wife, Mrs. X at Rs. 1000/- per kg

Mrs. X sell all goods purchased from his husband to his son Mr Y. Mr. Y sells these goods in retail market.

Mrs. X sold the goods to Mr.Y as follows:
on 1.1.2011----@ 1500/-
on 15.1.2011----@ 2000/-

goods purchased on 1.1.2011 are sold by Mrs X to his son on 15.1.2011.

My confusion is that
what is the Assessable value of good sold by Mr. X to her wife Mrs. X on 1.1.2011?
whether 1500/- or 2000/-.

Rule 9 in the exact language is writte as follows--
--When the assessee so arranges that the excisable goods are not sold by an assessee except to or through a person who is related in the manner specified in either of sub-clauses (ii), (iii) or (iv) of clause (b) of sub-section (3) of section 4 of the Act, the value of the goods shall be the normal transaction value at which these are sold by the related person at the time of removal, to buyers (not being related person); or where such goods are not sold to such buyers, to buyers (being related person), who sells such goods in retail :
Provided that in a case where the related person does not sell the goods but uses or consumes such goods in the production or manufacture of articles, the value shall be determined in the manner specified in rule 8.

so i am thinking that AV of goods removed from X to Mrs. X on 1.1.2011 should be Rs. 1500/-

is i am correct or not?

Thank U for your help.-

niranjan   14 May 2011 at 18:12

central Excise valuation Rule

sir, pls solve my confusion.

on 1.1.2011 Mr x sold final product to her wife, Mrs. X at Rs. 1000/- per kg

Mrs. X sell all goods purchased from his husband to his son Mr Y. Mr. Y sells these goods in retail market.

Mrs. X sold the goods to Mr.Y as follows:
on 1.1.2011----@ 1500/-
on 15.1.2011----@ 2000/-

goods purchased on 1.1.2011 are sold by Mrs X to his son on 15.1.2011.

My confusion is that
what is the Assessable value of good sold by Mr. X to her wife Mrs. X on 1.1.2011?
whether 1500/- or 2000/-.

Thank U for your help.

niranjan   14 May 2011 at 04:07

central Excise valuation Rule

sir, pls solve my confusion.

on 1.1.2011 Mr x sold final product to her wife, Mrs. X at Rs.1000/- per kg

Mrs. X sell all goods purchased from his husband to his son Mr Y. Mr. Y sells these goods in retail market.

Mrs. X sold the goods to Mr.Y as follows:
on 1.1.2011----@ 1500/-
on 15.1.2011----@ 2000/-

goods purchased on 1.1.2011 are sold by Mrs X to his son on 15.1.2011.

My confusion is that
what is the Assessable value of good sold by Mr. X to her wife Mrs. X on 1.1.2011?
whether 1500/- or 2000/-.

Thank U for your help.

Anonymous   13 May 2011 at 22:33

whistler blower policy in Income tax!

Dear expert,

Whether a person is in possession of any information (which is against the revenue department)and wishes to notify the same to the department can submit the information to the income tax department.

whether the survey or raid or search or seizure will be conduct on that or not.

Please suggest me to the way to approach to the income tax department. coz it is the question of our National Interest.

give solution to me on sumit.gururani@gmail.com.