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Mukesh Khandelwal   23 April 2013 at 17:27

Service tax - brand name services

One of my client have registration under the taxable service “business Auxiliary Service” have provide promotion & marketing of telecom service. M/s Vodafone Essar Digilink Limited (Vodafone) for providing promotion & marketing of telecom services and customer care service during the period from October 2007 to March 2011 paid a commission of Rs. 97596/ -. My client has not collect and paid any service tax in view of the benefit of threshold exemption as per service tax act.
Service tax department issue some notices and at least due to non submission of any reply, the show cause notice that the service provided has been acting on behalf of M/s Vodafone Essar Digilink Limited (Vodafone) for providing promotion & marketing of telecom service and customer care services under the brand name of M/s Vodafone Essar Digilink Limited (Vodafone) and the service provider are having the relationship of principle to agent, therefore, as per proviso to notification No. 6/2005 ST dated 01.03.2005 as amended, the benefit of the threshold exemption provided under the said notification does not appear to be admissible to them.
The assistant commissioner called upon to show cause and explain within 30 days ……… to why :-
Service tax
Penalty u/s 76, 77 and 78 should not be imposed.
I want to clear be my client cover brand name service category. My client had a retail outlet and get commission and Incentive from Vodafone.
Please guide me,
With Regards
Mukesh Khandelwal
9829242065, 9414742055

AJOY KR. MUKHERJEE   23 April 2013 at 12:43

Disallowed of form h by the sr,jcct/com tax/wb

WE RECEIVED THE DECLARATION IN FORM H USED FOR TO EXPORT BY THE INTERSTATE DEALER TO OTHER COUNTRY MENTIONING THE FOREIGN BUYER ORDER / AGREEMENT NO. AND DATE, PURCHASE ORDER NO. & DATE, DESCRIPTION OF MATERIALS ETC. NOW THE ADDL. COMM/COMTAX/WB WANT THE COPY OF FOREIGN BUYER ORDER OR AGREEMENT. WE TOLD HOW CAN WE PRODUCE THE SAME WHEREAS THE DOCUMENT YOU WANT IS THE SECRET DOCUMENT OF THE DEALER WHO PURCHASE THE MATERIAL FROM US FOR TO MAKE THE EXPORT IF THE PURCHASING DEALER PRODUCE THE SAME TO US THEN WE COME TO KNOW THE RATE, NAME & ADDRESS OF THE FOREIGN BUYER. SO THE PURCHASEING DEALER IS UNABLE TO PRODUCE THE PHYSICAL COPY OF THE FOREIGN BUYER ORDER OR AGREEMENT. IN THIS GROUND THE DECLARATION IN FORM H ARE DISAALOWED. WHETHER IT IS WRITE OR WRONG ? IS THERE IS ANY JUDGEMENT REGARDING THE MATTER. PLEASE HELP US. REPLY GET FROM MY LD. FREIND IS NOT SUFFICIENT PLEASE GIVE ME PROPER REPLY

THANKS

Roshan Kumar   22 April 2013 at 15:53

194c or 194j

In which section Supervision charges belongs?

Anwar   22 April 2013 at 13:37

Vat

IN WHICH STATE PARTIAL INPUT TAX CREDIT AVAILABLE IN RESPECT OF INPUT USED FOR MANUFACTURING OF EXEMPTED GOODS ( UNDER VAT)

SR MORA   22 April 2013 at 13:29

Form 16 non disbursement by previous employer

I have recently opted for a change from my previous organization on career up gradation grounds. When I am requesting them for form-16 they are linking the issue with my full and final settlement where there are some issues claiming by mgmt. is not acceptable for me. My TDS deducted and appearing at form 26 AS also. I am filing my returns online. I would like to know whether I can submit my returns w/o form 16 but with form 26AS printout from traces website. Pl. suggest me the right way and procedure!

Arati Gawde   21 April 2013 at 19:48

Re: transfer of property from husband to wife

If husband want to transfer his self acquired property to his wife, then Is it require to pay stamp duty in that document?

Roshan Kumar   21 April 2013 at 12:52

Esi

Please give details of condition for ESI?

Arun Tainwala   21 April 2013 at 11:44

Service tax on flat purchased in 2003 but conveyance registered now.

Dear Sir,
I had purchased a Flat from a Developer (Builder) in Jan 2003 by Agreement of sale for Rs. 20 Lakhs. All payments were completed by March 2003. The possession of the Flat was given in July 2003. But the Conveyance Deed could not be completed as the original land owner died without a will. All the legal heirs have now agreed to complete the Conveyance now.
Please advice is Service Tax applicable even though all payments were completed in March 2003 & possession taken in July 2003.
Regards
Arun Tainwala

Mukesh Khandelwal   20 April 2013 at 20:11

Interest on penalty on vat

Please advise me what is the provision of interest calculation on penalty amount which was not deposited on the time of assessment. assessee suit appeal before appellant authority and the case was remanded on one point. and the two further point of appeal is dismissed. Assessee suit appeal before tax board against the two points which was rejected. Tax board dismissed the appeal and desided that the remand order was as per law. Now assessee liable to pay demand [tax and penalty as per AO]. Please clear the law provision of interest payable on demand amount. Interest will be calculated on tax [vat] amount or total demand including penalty under section 75(8) of Rajasthan vat act 2003.
Mukesh Khandelwal

9828242065
9414742055




Ashish Pareek   20 April 2013 at 12:59

Intrastate stock transfer against f form

Respected Experts,

One of Our client has a Company in Bhilwara, Rajasthan who manufacture drugs/medicines on Job basis.

1. Company has Consignee Agent & Mother depot as well.

2. If company transfers stock against f form from Bhilwara (H.O.) to Jaipur (Consignee Agent) is taxable under any VAT / TAX.

3. If company transfers stock against f form from Bhilwara (H.O.) to Udaipur (Mother Depot) is taxable under any VAT / TAX.

4. If 2nd & 3rd is not covered under any VAT than either One Consignee agent or Mother Depot can transfer Stock (goods) to another C&A of UP, MP, AP, Etc. is Taxable under any VAT or Not.

5. If 2nd & 3rd is covered under any VAT than either One Consignee agent or Mother Depot can transfer Stock (goods) to another C&A of UP, MP, AP, Etc. is Taxable under any VAT or Not & Either H.O. or C&A or Mother Depot can claim input of previous stock transfer.

Kindly do the needful in this matter.

A Quick response in this matter will be highly appreciable.

Ashish Pareek
+91-9166773327, 9887784848