Answers On Topic: service tax
  SERVICE TAX MANDATORY DEPOSIT FOR FILING APPEAL
SERVICE TAX ORDER PASSED RAISING DEMAND OF A PARTNERSHIP FIRM. SAID PARTNERSHIP FIRM IS ALREADY DISOLVED AND CLOSED IN YEAR 2018 AND NOT HAVING ANY RUNNING BANK ACCOUNT. Q1 - CAN THE SERVICE TAX APPEAL BE FILED WITHOUT MANDATORY PRE-DEPOSIT OF 7.5% OF DISPUTED DEMAND Q2. - IF ONE OF THE PARTNERS PAYS 7.5% OF DEPOSIT UNDER SERVICE TAX REGISTRATION OF APPELLANT PARTNERSHIP FIRM AND IF THE APPEAL SUCCEDS AND THE FIRM IS ELIGIBLE TO CLAIM REFUND - IN WHICH BANK ACCOUNT SUCH REFUND WILL BE ISSUED? Q3. CAN PARTNERSHIP FIRM/APPELLANT INSTRUCT THE DEPARTMENT TO ISSUE REFUND OF PRE-DEPOSIT ON…


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  SERVICE TAX ON ROYALTY
As per standard practice, the service tax/GST department called for information from mining department of state (gujarat) which in turned provided list of firms (quarries) in whose name royalty is paid. Accordingly the service tax/GST department issued SCN and passed order levying SERVICE TAX ON RCM on royalty paid as per list provided by mining department . In given case, department had issued SCN and passed order in the name of “A” quarry who had taken land on lease for quarry business from mining department of the state. But in actual “A” quarry had sub-leased the whole land to “B”…


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  CAN SERVICE TAX BE DEMANDED FROM SERVICE PROVIDER IF SERVICE RECEIVER HAS PAID TAX UNDER RCM
Service provider (individual) has provided supply of man-power service to body corporate in FY 2015-16. Service receiver has already laid service tax on RCM on said transaction. department held that - service provided is not manpower service and demanded service tax from service provider. i did find case law wherein it is held that - if service receiver has paid ST to service provider (who had charged in his bill), then service receiver not required to pay ST on RCM as it will amount to double taxation. the above case are not directly applicable in my case. request to guide…


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  SERVICE TAX ON MINING ROYALTY
WHETHER SERVICE TAX IS PAYABLE ON RCM BASIS ON ROYALTY PAID TO STATE GOVERNMENT FOR EXTRACTING MINERALS ALSO PLEASE UPDATE US REGARDING THE STATUS OR OUTCOME/VERDICT IN CASE OF MINERAL AREA DEVELOPMENT AUTHORITY VS STEEL AUTHORITY OF INDIA (2011) 4 SCC 450 AND IN THE CASE OF GUJMIN INDUSTRY ASSOCIATION (GUJARAT HIGH COURT) THANK YOU IN ADVANCE


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  CAN SERVICE TAX ON RCM BASIS PAID AS CGST NOW BE CLAIMED AS ITC IN GST REGIME
Liability of SERVICE TAX on RCM basis on service received of GTA was determined by the department. The assessee - partnership firm has paid such liability by making payment under the head CGST (as there was no service tax registration and officer told to make payment under CGST). Can the partnership firm claim ITC of such CGST paid in GST now.


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