TMI Blogcivil work contractX X X X Extracts X X X X X X X X Extracts X X X X ..... How to prepare invoice in case of work contract if the value of work contract is not ascertainable? - Reply By Ganeshan Kalyani - The Reply = If you are a company then will have charge full service tax on 40% of consideration is value of service in case of original works and for other than for original works 70% of consideration is value of service. In case if you are individual, partnership fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m and providing service to company then you will be falling under reverse charge. In this case the valuation of service portion remains same as aforesaid but only 50% of service tax should be charged as it will be covered under reverse charge mechanism - Reply By KASTURI SETHI - The Reply = Well explained by Sh.Ganeshan Kalyani Ji. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = Whether you ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e individual or partnership firm? - Reply By Ganeshan Kalyani - The Reply = Thanks Kasturi Sir. - Reply By Asish Chattopadhyay - The Reply = If materials are supplied free of cost by service receipient whether S.Tax is payable on 40% of contract value as finalized on contractor excluding free supply material value by referring Bhayna Case decision of Delhi CESTAT Larger Bench against which Deptt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preferred an appeal to the honourable Supreme Court decision of which is pending. Regards . A.K.Chattopadhyay. - Reply By Ganeshan Kalyani - The Reply = Section 67 says that consideration means amount should flow from recipient to provider of service whereas in case of free supply there is no consideration. Further from Service Tax (Determination of Valuation) Rule it infers that free issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be included. However Act supersedes Rule therefore Act should prevail over Rule. However till final decision is pending both the parties I.e assesse and department would think for their benefit. Hence I feel that assesse should try to back your contention. And convince department. Thanks. - civil work contract - Query Started By: - Ram Babu singh Dated:- 26-12-2015 Service Tax - Got 6 Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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