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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Prasenjit Dutta   03 October 2012 at 10:58

Vat & service tax

Dear Experts,

I am sure that the restaurants and fast food outlets are fleecing the public in the name of VAT & ST which they are charging at varying rates throughout Kolkata. Not even 1% of the public ever question or even look at the tax percentages they are booking on the bill print out.

Also you must have noticed that they print the bills on very poor quality thermal paper and with a near empty ink cartridge. That itself indicates that they are trying to hide something. By the time you start thinking of initiating legal action against incorrect taxation you have no proof of purchase left with you. The print has vanished by then--sometimes within 1 day.

Can some learned expert please make a layman like me aware about what exactly is the admissible rate of VAT & ST in West Bengal that is applicable to restaurants, hotels and fast food outlets?

I am seriously considering taking up a PIL against some of the outlets that I have my eyes on.

Vinesh K Chhaya   01 October 2012 at 21:40

Property tax bpmc act 1949

Respected Sir/Madam,
Vacancy allowance in respect of rule 56 of Bombay Provincial Municipal Corporation Act 1949 has been applied before 2 years but Municipal Corporation has not replied or decide that application till today. The amount of tax is getting increased Then Without any order from Municipal authorities can I lodge appeal to the District court? or I have to file civil suit against municipal authority for tax...My exact query is Can I lodge appeal against "No Procedure" for my application? on base of tax bill and application for vacancy allowance only?

rahul   01 October 2012 at 15:08

Works contract tax

Dear Sir,
kindly define WCT, when does it applicable?
who is responsible for paying this tax?

Kapil Tiwari   30 September 2012 at 13:39

What is the date of transfer for ascertaining capital gains?

My aunt sold a vacant plot of land and wishes to invest Rs.50 lakhs in LTCG tax saving bonds of REC & NHAI. She received the token amount of Rs. 5 lakhs on 16th May 2012. An "Agreement for Sale" was entered into on 22nd May 2012, wherein it was mentioned that the balance amount of Rs.90 lakhs will be given to my aunt within 31st July,2012. The "Sale Deed" was finally entered into on 25th July 2012 and it was registered with the Sub-Registrar after payment of the necessary stamp duty on the same date, that is, 25th July 2012. The balance amount of money was also received by my aunt around this date. I wish to know what is the actual date of transfer within 6 months of which investment has to be made in 54EC Long Term Capital Gains tax saving bonds to save tax.

Gaurav Kumar Gupta   29 September 2012 at 20:10

Change of partner in partnership deed

dear sir / madam,

you have format of change of partner in partnership deed for and how much stamp paper required for it
so pls ans me and give me format of change of partner

thanks
gaurav kr gupta

ravi   29 September 2012 at 16:04

Assessments and audit reports

Dear sir,

Is it compulsory to submit audit reports and assessments in assam vat act for every year otherwise is there any option to submit at a time.

in case they issue demand notice then what is immediate action to reply

d. chandra sekhar   29 September 2012 at 08:22

Service tax

Sir, please clarify the issue if possible.

My client running a restaurant and lodge. The lodge along with the hotel was purchased in the year 2008. He can utilize the services of consultants, project management and auditors etc., for renovation and repair of the hotel and lodge. At the time of filing of service tax return for the year 2009-2010, he can show the service tax amount charged by the consultants etc., as cenvat credit ( but not utilized against the ST payment) in ST -3 returns. At that time Mandap keeper is only a taxable service.
Now, the audit party of the ST, has raised a query for reimbursement of Cenvat credit along with interest because of improper availment of cenvat credit. Sir, please clarify this issue

giri gattupalli   27 September 2012 at 20:25

Sec 44ad

respected sir,

declaration of income under sec44ad (under income tax 1961) can provides immunity to a person from liability to produce books and explaining cash deposits in bank accounts ,in the instance of scrutiny
by department.

Member (Account Deleted)   27 September 2012 at 15:27

Question in point of law : service tax

Respected Seniors and my fellow mates,

I have a query regarding SECTION 76 of the Finance Act, 1994.
What was the amount of penalty payable U/S 76 of the Service Tax act on the A.Y. 2009 – 10 & 2010 – 11. ?

Section 76 of Finance Act, 1994 states that penalty can be charged at a maximum extent of Rs. 200 / day. Again i discovered that it has been amended and substituted by Finance Act 2006 by Rs. 100/ day. Penalty has been raised by the A. Commissioner for the A.Y. 2009-10 , 2010-11 @ 200/day.

Is it correct ???

So, please tell me from a authenticated source the prevailing rates of Sec – 76 of the Finance Act, Service Tax, that governed the A.Y. 2009 – 10 & 2010 – 2011 and what is the correct and applicable rate of penalty U/S 76 for the A.Y.: 2009-10 & 2010-11 ?

THANKS A LOT IN ADVANCE.
GOD BLESS YOU.

avneesh   27 September 2012 at 00:23

St

i am receiver of service of transports.

i make payment to transporter of rs. 100000

no i will make s.t. payment on only amount 25000 i.e. 3075

please tell my in which colomn of st 3 i fill which amount


please tell me to fill st 3 if i am receiver of service of transports.