Disallowance of CENVAT Credit if show caused

Sirs,

I am a service provider. I have taken service tax registration belatedly and claimed demand confirmed.

Now if I deposit the service tax with interest for the past period and claim from the service receiver, does the Department disallow the CENVAT credit to the Service Receiver because I am (service provider) is show caused and adjudicated.

This part is not clear in the CENVAT Credit rules. Is there any departmental clarification or case laws available in this context. What is the legal position plese.

Kindly provide your valued opinion.

Service tax paid to the builder

Sirs,

Are the purchasers of flats eligible to get the refund of the Service tax they paid to the builder (during 2007-08) ?

From the circular,issued by Central Board of Customs & Excise issued Service Tax Circular No.96 dated 23rd August 2007 which covers the issue, it looks like that the property buyers need not pay service tax to builder/developer. On the other hand if the developers had employed the services of a contractor, it is the contractor who will have to pay service tax and not the developer builder.

Please clarify?

1. Which section of service tax act demands that the service tax to be paid by the property buyer to the builder ?

2. Is there any relevent decision by the SC or any advance ruling on this matter?

Thanks,

Brindha

Computation of capital gains on sale of flats

Mr.X being the owner of land has entered into a Joint Development Agreement in oct.2007. His share in the developed property is 8 units. He has purchased the property in 2004 May. He wants to retain 2 units and sell the remaining 6 units.

What is the date to be taken for calculation of capital gains?

whether it is a short term or long term capital gain If Mr. X sells his property now(NOV.2008)?

Whether the date of the joint development agreement or date of registration of flats to be taken for the purpose of computation of capital gains?

VRS - Is pre approval from IT required

Is pre-approval from Commissioner of Income Tax is done away or still exist?

Which is the provision / notification / ciruclar supports your answer.

Thanks in advance

Senguttuvan

Karnataka Special Entry Tax

Service tax on postage franked

Postage is defined in Indian Post Office Act as "duty for transmission of mail by the Postal Department". Just like Customs Duty. Is Service Tax due on postage?
S. Krishnamoorthy

Service tax on postage franked

Postage is defined in Indian Post Office Act as "duty for transmission of mail by the Postal Department". Just like Customs Duty. Is Service Tax due on postage?
S. Krishnamoorthy

Writ petition

I Want to file a writ petition against the tax department for claim the reward amount (Which is 10% of the total Tax gain on the recovered amount by the department) to the informer Que-1.How I calculate the reward amount which i want to claim ? please give example. Que-2. To whom I will have make the necessory party. (The matter is of the Delhi)

Status of S.L.P. filed by State Govt. of A.P. & also State Govt. of Jharkhand re. entry Tax.

Sirs,

Recently High Court of Andhra Pradesh stuck down the Entry Tax on Entry of Goods into Local Areas Act, 2001 imposed by the Govt. of Andhra Pradesh in the case of Shree Rayalaseema

and also

High Court of Jharkhand has stuck down imposition of Entry Tax on goods entering into local area (the tax charged by State govt. of Jharkhand) in the case of Tata Steel Ltd. vs. State of Jharkhand.

I understand in both the cases the respective State Governments have filed S.L.P. in Supreme court.

Can learned friends guide me with the present status where the S.L.Ps are admitted by the S.C. or any stay is granted by S.C.

Regards.

V.V.Satyanarayana

Rate of Tax under Kar.VAT

Dear Experts,

What is the rate of tax for coconut husk under KVAT Law

Kindly give the reference also.

Thanks & Regards