Filling ST3 amedment

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..... Filling ST3 amedment
Query (Issue) Started By: - sandeep singh Dated:- 11-7-2015 Last Reply Date:- 13-7-2015 Service Tax
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Service Tax
Dear Sir We run a franchise of International company and while providing service whatever amount is collected 20% of that amount ( and ST on 20%) is returned to the company. we pay service tax on 80% and company on 20%. We are filing Servic .....

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..... e Tax on our own from last two years and we are paying ST on only 80%.While filing ST3 we mentioned collection figure of only 80% for each month. We did not filed on 100% of collection and took cenvat credit on 20% ( Pls note company paid taxes on 20% and provided us Invoice for that). Do we need to file ST3 amendment, if so how to do it? Thanks for help. Reply By CA Sumit Aggarwal: The Reply: .....

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..... Dear Mr. Sandeep, As per provision of service tax every service provider is required to pay service tax on the whole amount which he received from the service receiver. Accordingly, in your case you should pay the service tax on 100% of amount received. Further, the correct method to do the transaction was that you had to pay the service tax on 100% and take the CENVAT credit on the basis of invo .....

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..... ice raised by the franchiser. It is worthy to mention here that as per fifth proviso to Rule 4(7) the provider of output service shall not take CENVAT credit after one year of the date of issue of any of the documents specified in sub-rule (1) of rule 9. Also, the time limit to revise the return is 90 days from the date of filing or due date of filing, as applicable. In your case, my opinion is .....

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..... that you should pay service tax on balance 20% along with interest after adjusting CENVAT credit available to you as per Rule 4(7) of the CENVAT Credit Rule. Further, you must document the calculation of differential service tax payable and paid to prove before the service tax department as and when required. Thanks!!
Discussion Forum - Knowledge Sharing .....

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