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Found 17 results

  1. What are the service tax rate for under construction flat in Badlapur, Thane location ??
  2. I always find different method or computation of service tax and wonder how they compute. So I did some research and found that the restaurants should compute ST on 40 % of Total Bill Value ( Cost of F & B + Service Charge) @ rate of 12.36 % i.e. 4.95 % of Total Bill Value. Recently I have been charged ST by a restaurant at higher rate and that too they were not ready to listen. I want to put following RTI, need your comment on the same - To, Date: 01-01-2015 The Central Public Information Officer, Office of the Assistant Commissioner of central Excise and Service Tax XXXXXXXXXX. (1)Full name of the applicant : XXXXXXXXXX (2)Address : XXXXXXXXXXXXXXX (3)Particulars of information required: (i)Subject matter of information: Information Regarding computation of service tax charged by Air conditioned restaurants. (ii)The period to which the information relates: - March, 2011 to December, 2014. (iii)Description of the information required - A)What is rate of service tax applicable on retail invoice of air conditioned restaurants ? B)Method of computation of such service tax ? C)Whether the tax calculated on the attached retail invoice is right ? D)If no, what is the legal remedy available ? E)Turnover and service tax paid by ‘M/S. XXXXXXXXX. Tax No ‘XXXXXXXXXXXX’ for current FY and Last 2 AY. (iv)Whether information is required by post or in person: By Post (v)In case by Post: Registered Post (4) Whether the applicant is below poverty line: No Date: Thursday, January 01, 2015 Yours faithfully, (XXXXXXXXXX) Email Address: XXXXXXXX Encl : 1.Xerox copy of retail invoice No 999999 dt 99/99/9999 of M/s XXXXXXXXXXX. 2.IPO No 99999 of Rs 10/- (Ten Only).
  3. Hello, I have a couple of questions about Service Tax levied on an under-construction apartment. To whom should my RTI be directed. I believe Service Tax comes under the State List, so who is the authority in the State that my RTI application should be directed to? PS: My state is TN. Thanks, Kaushik
  4. Hello Experts, I have been working as an independent contractor for a year, I would like to open a S corporation now. Can I put me old expenses in my new S corporation since I have been working by myself for this company since Feb ? is that legal? I make around 7000 a month with this job. It is January, It is too late to do this? Thank you.
  5. As per email received from Mr Sanjay Shirodkar (Maharashtra) Dear ALL flat owners: Greetings! I had been to sales tax dept today and got to know, 1. about attached circular which says about MVAT has to pay by developer. It does not say that developer has to charge from flat owner and then pay to Sales Tax dept. 2. more over this tax on developer is on their profit. (which they already must have made while selling the flat. They will not do loss making business) This point is verbal. 3. To avoid confusion on calculation govt has made overall 1% of the agreement value. This is clearly mentioned in attached circular on page 9 (last page) in second last para. 3. The attached Supreme Court Order is "temporary order pending final hearing. It says that builders shall pay MVAT. After final hearing if Court decides that MVAT is not payable, then State will have to return the same with interest to developer." Again here there is no mention that developer has to charge from flat owner and then pay to Sales Tax dept. There are chances that we will refuse to pay the same. To confirm this in writing and in lay man's language I am trying to meet Mr Sanjay Bhatia, Commissioner of Sales Tax (on monday oct 29, he would be in Pune office) if not Mr. R G. Bankhele the concerned Jt Commissioner (name mentioned in the attached circular) from local office. If sales tax dept says to pay then I will pay on oct 31. Mind it money is not the issue. Ethical business and transparency is the concern!! Believe me we the People of India can change the System if we fight as One UNIT ============================== ============================== ============================== ============================== Dear Friends: Greetings! This is once again regarding MVAT. Today I had been to one PUBLIC meeting organized by Akhil Bharatiya Grahak Panchayat, Pune. More than 5000 punekar attended this public meeting. To guide and assist us respected speakers were, Shri Suryakant Pathak (President Akhil Bharatiya Grahak Panchayat, Pune) http://grahakpanchayat.org/ Shri Vivek Velankar (Convenor Sajag Nagrik Manch) Vivek Velankar - Sajag Nagarik Manch - at an awareness programme about paying Maharashtra Value Added Tax (MVAT) to builders before October 31 deadline | Flickr - Photo Sharing! Sudhakar Velankar (he has made PIL on behalf of Akhil Bharatiya Grahak Panchayat, Pune in this matter in Bombay High Court) 'Builders confusing flat owners about VAT payment' - Times Of India Case Query - Details - High Court of Bombay Advocate Dada Bendre Advocate Pramod M Bendre near Sadashiv Peth, Pune | Property Case Lawyers | Justdial All four insisted on “Not to pay this MVAT which is demanded by builders/developers.” Why? Trade circular is not a law. (Copy attached once again) Does not create liability on flat purchaser. MVAT is applicable to Builders/Developers and not to flat purchaser. Notice/Letter from builder/developer also does not create liability on flat purchaser. While asking for any Tax, Tax Invoice should be produced. Asking Tax Invoice is a RIGHT of each citizen given by consumer act. There is not at all clarity on calculation of MVAT among all the builders. Satish Magar, president of CREDAI, Pune Metro region, said, "The builders' have already approached the Bombay high court seeking a uniform formula for calculation of VAT. We are not interested in over-charging our customers, we are a service provider. (copy of letter by Satish Magar, president of CREDAI, Pune Metro region is with Akhil Bharatiya Grahak Panchayat, Pune) 'Builders confusing flat owners about VAT payment' - Times Of India The most important thing is every builder/developer has to register themselves with VAT division, Sales Tax department, Govt of Maharashtra. In fact out of 2700 (list is available with Akhil Bharatiya Grahak Panchayat, Pune) builders/developers only 10 have registered themselves with Sales Tax department on or before 2010. So if any builder/developer has been registered after 2010 and demanding MVAT for period before 2010, is against the legal practices. His registration details we can get on Tax Invoice. So we have to ask for Tax Invoice. One PIL from Sudhakar Velankar and 5 WP from builders are pending in Bombay High Court. Point mentioned in Flat Agreement “All taxes levied in future in respect of the said property by the Government or Pune Municipal Corporation shall be paid by flat owner.” Do not carry weight in this case, as in the same agreement lot of liabilities are on builder which has not been complied. Majorly formation of Society is not done till date. Remaining list of facilities and amenities can be sent to builder in future correspondence. Jago Grahak Jago! Asking details of expenses and official receipts towards amount charged for MSEDCL meter, Formation of Society, Parking etc. This is also a RIGHT of each citizen given by consumer act. MVAT is applicable to builder on amount paid by purchaser before Agreement made. This is a technical point. There is no connection between Agreement value and MVAT amount. Deadline of 31 October 2012 is for builder/developer and not for flat purchaser. First do, Make complaint to Addl Commissioner, Sales Tax, Govt of Maharashtra. (format is attached) This is applicable to both who paid tax or not paid. Dispatch copy to Akhil Bharatiya Grahak Panchayat, Pune. Do not ignore this as this is converting in to a Solid People Movement all over Maharashtra. Scan all these copies of complaint and also email to all commissioners mentioned on page 4 in attached Trade Circular 14T of 2012. More over to, cst@mahavat.gov.in (Sanjay Bhatia Commissioner Sales Tax) chiefminister@maharashtra.gov.in, chiefsecretary@maharashtra.gov.in Make awareness in all possible social media like facebook, twitter and to all our friends, relative and society members. Let’s spread like a wild fire! For not paying MVAT, no need to reply to notice received by you. If you want to reply don’t write too much. Just ask for Tax Invoice and mention PIL, a matter in Bombay High Court. After effect, If you receive any further notice after your simple reply or no reply after 31 oct 2012. Just receive it and say Thanks. You are Welcome! Dont react too much. Send copy of notice to Akhil Bharatiya Grahak Panchayat, Pune immediately. All the legal advise and support is offered by all four crusader and their institutions for all. It is turning out to a big movement against government and not against builder/developer. Good Luck! Warmly, Sanjay Shirodkar Supreme Court order dated 28-08-2012 in MVAT (1).pdf Trade Cir 14T of 2012 of M-VAT (1).pdf
  6. what are the statutory due dates to be complied in the month of October 2012. Can any one tell me how to decide whether Service Tax is payable by a person? difference between service tax and income tax?
  7. 1)On the 07th Jun`2010, Booked an under construction flat for Rs. 26,23,374/- at the Casa Rio with Lodha developers, Dombivali Project. The builder was suppose to give us possession in 2012 end. However now he has sent a letter that he will give possession in Jan` 2014 . If the project time taken is more than 3 yrs by the builder, then do i have to pay service tax 2) How is service tax derived. no proper working or answer bye lodhas service tax department. No axcess to them 3) Do we take 33% of the Agreement Value to be taxable or is it 100% of the total agreement value taxable ? 4) what is the % of service tax applicable on under construction residential project 5) Does service tax % change on floor rise or on premium view or is it flat rate applicable by the govt of india. 6) Builder has not raised a service tax invoice, but has issued receipt only. Where do we complain 7) If the builder has issued the receipt and has not paid the service tax to the government, then does the buyer get in trouble. Is there a way to find out whether the builder has paid service tax. 8) Agreement Cost is Rs.26.23,374/- Can you please calculate the service tax applicable and enclose the working for the same. 9) Mobile Promised but not received - our friend Mr Sunil Menon who has booked his flat At Casa Universe – Building Tierra C, flat no. 102 / 1st Floor, recommended us to consider Thane and Kalyan project as an investment. On 7th June`2010 we went ahead and booked the flat at Casa Rio. On booking the flat we were promised that you I would get a mobile and even the person who has recommended would also get a mobile. Unfortunately since more than 01 year we have not heard from Lodha Builders. This only proves that Lodha Builders never keep their promises as stated in writing
  8. what is the precise percentage (of the total property price) that a buyer needs to give the builder i.e., for Stamp Duty & Registration, VAT & service tax in Thane Godbhandar Road Area
  9. Hi, I have already gone through so many articles on VAT and service tax on new properties which we are going to buy or already purchased, but still am not able to figure out that whether I have to pay these two things to my builder or not. Please help! I have booked (Registered and all the paperworks are done) a flat in mumbai on 7th day of March 2010, not get the OC and possession yet though, but still the registration process in done on 7/3/2010. And as now the construction is done and flat is ready for the possession the builder is asking me to provide him the cheque of the applied new VAT and Service tax (he didn't mentioned me all these earlier, so am not prepared for this, and I read this that this is only applicable on properties which are booked or registered from 1/April/2010, and I bought a month before this). now am not able to understand whether I actually have to pay both these amounts to him or he is just preying me. Please help with your suggestions! Thanks Shivangi
  10. Hello Friends, I registered a flat in Bangalore on June 30th 2010. The cheque is issued dated June 30 2010 from the bank to the builder for the amount of Rs.30 Lakhs. I have done the registration to avoid the service tax which was then applicable from July st 2010. 6 months back, my builder called me and he said i need to pay the service tax for the payment made by me.The amount will be some 2.5% which will lead to 60,000 Rs. He said that even though i issued the cheque dated June 20 2010, the amount realized in their bank is on first week of July.So they need to pay the service tax.I didnt pay the money yet to him, so he didnt give the NOC also. My question is, whether what he says is right? If so i am ready to pay the service tax.And tell me what are the details i should ask him in the bill. My concern is the money should not go into their pocket instead of going to the government. Thank You. Jai Hind. Karthik
  11. I have purchased a flat at Akurdi Pune in september 2009, my builder has taken a blank cheque to the tune of 8% of my property value in the name of service tax. Do i really need to pay this service tax since i have heard that goverment has stopped taking service tax on residental flats. thanking you Sandip Awate
  12. jayakumar

    Service Tax for Flats

    I bought a new flat in Chennai where the builder has charged me the Service tax but he hasn't given any receit for the same... I later came to know that the service tax is not applicable for flats... Infact people who are purchasing now in the same block are not paying any service tax... how should i proceed.. plz help..
  13. Dear All, I have purchased an apartment in 2008 in Hyderabad. I have to pay service tax to the builder in next month. Could you please let me know. 1. What are the latest service tax %age for apartment in Hyderabad 2. Since when this new %age in effect 3. What was the %age before Thanks, Kind regards, Gopi
  14. hi, I'd like to know which SPIO in Hyderabad, AP, should I communicate to if I want to seek information under RTI Act from Service Tax Department?? The following link is the information I could gather after searching on google. service tax OFFICERS TO BE CONTACTED UNDER RIGHT TO INFORMATION ACT, 2005 Name/Designation/Address of the CPIO/CAPIO Districts Sub-Division Address Shri R.P. Raheja, CPIO All districts of India All sub-divisions of India Additional Director General, DGST, 9th floor, Piramal Chambers, Jijibhoy Lane, Lalbaug, Parel, Mumbai – 400 012. Phone No. : 2418 1418 Shri P.K. Sinha, CAPIO All districts of India All sub-divisions of India Additional Director General, DGST, 9th floor, Piramal Chambers, Jijibhoy Lane, Lalbaug, Parel, Mumbai – 400 012. Phone No. : 2418 1420 thanks.
  15. pradeepchristy

    Rti on service tax

    Dear all, I need the updated RTI on service tax on residential complex. I already have the january 2010 circular. But the builder is claiming us to pay the service tax. I booked the flat in september 2009 and took possession in 2010 January. The builder registered only undivided share of land (UDS). We met excise dy.commissioner and he is saying that since UDS is alone registered, then we have to pay service tax. Also he claims that we have to pay with interest. There are so many articles saying that this service tax is still in dialogue level. Whether we will be levied penalty if we dont pay within the deadline given by the builder to pay before June 2010.?? Please Help. Please dont close this thread saying this is not under RTI. I am looking for the right information.
  16. Hi, Builder is charging about 3 lacs as Service Tax and VAT. Is it feasible? If Builder has given construction contract to third party, why do apt owner has to pay this taxes. Can any one please update me on the service tax and VAT for apartment. How do we cliam tax return. I have still not signed agreemnt and registered the flat on my name. Thanks in Advance. Tarak
  17. Hi, I have got an apartment from one of the builders in Bangalore. Booked the apartment in Jan-2005 and completed in Marh-2007. During this period service tax of has been paid to the builder and he claims he has promptly paid to the Govt. Subsequent recent amendment is Service tax dated Jan 29, 2009, I need your help in applying for refund of Service tax. Pls give your advise Regards, Nagaraj,A
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