Pradeep Jain - Chartered Accountant

We are manufacturing co. and we have a contract of transport of our staff from railway station to factory and back. The operator is not in service tax as his limit is under 10 lacs. in this case whether we are liable for service tax and whether 100 % or 40% and further under which cod ewe have to pay servic etax

Firstly the service tax will not be levied if it is treated as “Contract Carriage” because it is exempt under notification 25/2012-ST. The essential characters of contract carriage are as follows: 1. The vehicle should be engaged under a contract - whether expressed or implied. 2. The use of such vehicle as a whole for the carriage of passengers mentioned therein. 3. The contract is either on a time basis (whether or not with reference to any route or distance) or it is on destination basis (from one point to another) 4. The vehicle does not stop to pick up or set down passengers not included in the contract anywhere during the journey. As your query is not clearly show the contract description, so you are not able see that your contract is covered under the above definition of contract carriage or not. If this contract is not treated as Contract carriage, then reverse charge will apply. It will be applied only if service provider is individual, HUF or Firm and receiver is body corporate. In such case, if abatement of 60% is not claimed (abatement is option) then 40% liability will be on service receiver but if abatement is claimed then service tax will be levied on 40% of value and 100% liability of service tax will be on service receiver.

Sir, we are a taxpayer dealing in health care services. We have been making supply on which tax was payable by us but we have not paid the same erroneously. The same has been pointed out by department recently. Please suggest whether we have to pay interest and penalty along with tax.

As per sub-section (5) and (6) of Section 73 of CGST Act, if you have made payment of tax and informed the same to the department then the department ...
Sir We are dealing in trucks. We have received an export order from foreign buyer. We wish to procure trucks from 5 different manufacturers and supply them directly to the port without receiving on our own premises. Can we do the same to take benefit of merchant export by paying tax @ 0.1%.

. Yes, as per Notification 41/2017-intergrated tax (Rate) dated October 23, 2017, benefit of notification is available only when the material moves fr ...
The agriculture produce like soyabean are taxable however, their warehousing is exempt and not chargeable to tax. How?

Under GST regime, agriculture produce means “any produce out of cultivation of plants and rearing of all life forms of animals except rearing of hor ...
Hello sir we have made export of goods however the funds have not been realized. Is there any implication in GST regarding the same?

As per rule 96B introduced with effect from 23-3-2020 provides that where any refund of IGST paid on export of goods has been received by the exporter ...
What Is the GST rate for interest and penal charges levied by Chit Fund Company in case GST on foremen commission charged is @12%?

GST rate on foremen commission is charged at the rate of 12%. Similarly, GST rate on interest and penal charges shall be @12% only. The same view was ...
Tax payer being a company, is in one state (state -1). However vehicle carrying his goods is caught in another state (state-2) where the company is not having any registration. Company paid penalty under temporary registration ID created by the officer of state-2. Now, company wants to file an appeal but don’t have any temporary registration login credentials. How to file appeal in such a case?

. In the given query, after the interception a temporary ID was created by officer of state-2. However, the login ID and password of temporary registr ...
Whether GST exemption is availed on export of service when invoice is issued in USD and GST is not charged and currency is received in INR?

Export of service is defined under section 2(6) of the IGST Act. It means supply of service when: ? The supplier of service is located in India. ...
E-way bill was generated and then after order was cancelled but E-way bill was not cancelled by both the parties on the portal. What should be done in this case and what are the consequences?

As per provisions of GST, where an e-way bill has been generated but goods are either not transported or are not transported as per the details f ...
The Taxpayer made exempted supplies but forgot to choose the same in GSTN while registering, can he be said to fail his right of exemption?

We do not claim exemption while filing registration application. It is being claimed in GSTR-3B returns. Moreover, only five major products are to ...
If a taxpayer made mistake declaring the HSN/SAC of goods and services supplied, what are the consequences?

Under GST law, one of the most important elements is the classification of goods/services for the purpose of determination of rate of tax to be l ...

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