Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Service Tax on advance was paid by Head Office, while SCN has been issued on Branch

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Service Tax on advance was paid by Head Office, while SCN has been issued on Branch
Query (Issue) Started By: - Balasubramanian K Dated:- 20-2-2010 Last Reply Date:- 1-3-2010 Service Tax
Got 3 Replies
Service Tax
By mistake, Service Tax on advance was paid by Head Office. However, services were rendered by Branch which is separately registered. SCN has been issued on Branch demanding .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tax on advances. What is the remedy?. Reply By JAYUL DANECHA: The Reply: Dear Sirs, Payments made to clearing & forwarding agents attracts tds on whole bill or only on agency charges ? If C&F agent issue combined bill for out of pocket expanses like insurance charges, and other costume charges for which supporting documents are available and agency charges then is tds is required on whole bill or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... only agency charges? Please reply.... Thanks in advance... Reply By satish nair: The Reply: Law does not provide any remedy in such situations. However if your can produce evidence that service tax has been paid by the HO then there is a good chance that such payment will be allowed - but at the tribunal level. Reply By rakesh chitkara: The Reply: Tax can not be demanded on the same event twice. P .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lease answer the SCN. Simultaneously write to CAO of both jurisdictions to make contra adjustments. Also write a letter to Commissioners of both jurisdictions pointing out the facts of the case. Case is to be tackled at two levels : Adjudication, as well as, administrative level. Give me a few days. I shall furnish case-laws to support your stand. Have no fear. Case will ultimately be decided i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n your favour, although I doubt whether it will be at adjudication stage. On appeal, you will win.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates