14Jun

central excise

Posted by mehul

Respected Sir, One of my clients has received a excise transit sale invoice in which our supplier who is a non-excisable trader is mentioned as consignee & in the delivery box there is our address to receive the goods so the question arises that can I take the credit of excise on the invoice.Please reply.

From the question it appears that goods has been received under an excise invoice in which the consignee is non excisable trader and...

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12Jun

Sample

Posted by Shincy JOse

whether excise invoice can be raised on sample issued under the cover of excise invoice if the sample doesnot return back

As per rule 11 of Central excise Rules 1944 no excisable goods shall be removed from a factory except under an invoice. Hence invoice has...

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28May

SERVICE TAX CREDIT

Posted by ArunRaj

Dear Sir, Can we take CENVAT credit of service tax charged on invoice for in house safety training programme - Evacuation Mock drill conducted to all workmen and management employees of a manufacturing unit. Regards, ArunRaj

As per Rule 2(l)(ii) of CCR input services means any service used by the manufacturer in or in relation to the manufacture of final...

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23May

Cenvat Credit rule

Posted by ArunRaj

As per Cenvat Credit rules, 2004 under Rule 3, sub rule 5A , for the removal of Capital goods after being used, on which CENVAT credit has been taken, manufacturer shall pay an amount equal to the CENVAT credit taken on the said capital goods reduced by the percentage notified by straight line method. My question is i have taken Rs. 1,20,000 as Cenvat credit in the year 2010. Value of the Machine was Rs. 10,00,000. If i want to remove the same in 2015, as per rule,from which value i should apply the straight line method? Is it for Rs. 1,20,000 or for Rs. 10,00,000.

Rightly the straight line method should apply for Rs.120000 the credit taken. The rule 3(5A) of CCR reads " shall pay an amount equal to...

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18May

Service Tax

Posted by ArunRaj

Dear Sir, We have assigned one contractor for removing the old tile and laying new tiles in the floor. We have purchased tiles with applicable KVAT and provided the same to this contractor. He has completed the said work by using his own employees (we do not have any control over his employees). Since the Contractor has not yet cross the threshold limit for the Service Tax payment, he has not charged any service tax for the said work done by him for us. As a company, are we liable to pay any Service Tax? Regards, ArunRaj

From the facts it doesnot apeears to be a service under RCM. If the contrctor falls under limit he need not pay service tax. The billing...

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15May

Service Tax Applicability

Posted by ArunRaj

Dear Sir, As per CSR scheme, our Company is planning to build a bus waiting shed at Eruveli. Kindly let us know whether this Construction is leviable for service tax under works contract since it is for Public? If it is taxable / exempted, could you please provide the relevant circular / notification with regard to this. Regards, ArunRaj

Building of waiting shed for public is not an exempted service under Not.No.25/12ST. In this case the service is provided by third party to...

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14May

service tax-person liable to pay service tax

Posted by p.sivakumar

As per the notification 36/2012-St dated 20.06.2012 under person liable to pay service tax against sl no.VI."......partner ship firm ......; any person liable to pay service tax.....etc"......does it mean to include proprietorship as well ?

Notfn.No.36/12St has amended the rule 2(1) of Service tax rules. As per Rule 2(1)(d)(i)(B)(VI) of service tax, the clause is applicable...

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07May

RCM - HOUSEKEEPING

Posted by ArunRaj

Dear Sir, Housekeeping or Cleaning service is leviable under reverse charge mechanism? Most of the people are saying that this service will come under the virtue of Manpower supply. But as far as my view is concern, both the services are entirely different by nature but similar by virtue. Kindly give an expert opinion on this matter.

Housekeeping/cleaning service is not leviable under RCM. If the cleaning service is provided by a person employed by the service provider...

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07May

ELIGIBILITY OF CREDIT

Posted by ArunRaj

Dear Sir, We are assigning a contractor for doing painting works inside our factory. Paint will be provided by Company. Contractor will finish the painting work by using his own employees. We do not have any control over his employees. In this scenario, kindly clarify the following. 1. Whether Contractor service will be treated under Man power supply? 2. If not, are we eligible for the service tax credit which is paid to the Contractor. 3. Whether CENVAT credit is eligible for the CIVIL works done(without material) at various production areas (Eg: Tool room cable hole work, floor plastering, Fabrication room roof cleaning works, Plating shop tank cleaning works etc). Regards, ArunRaj

As far as the contractor is providing the painting work with his employees and not supplying the employees (persons) to the service...

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06May

Service tax under RCM

Posted by unnikrishnan vasudevan

Whether service tax is payable on salary paid to full time director of company, who are appointed with specific duties, salary as per resolution adopted by the company.

If the full time director is in the pay roll of the company and he is appointed by the appointing authority of the company by specific...

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