Re: [aurangabad_ca] Tax Collected Mistakenly while under exemption

Monday, March 8, 2010 5:16 AM By Livemail

 

Too bad. Section 73 A is quite categorical that tax even if collected by mistake, must be deposited with the Govt.

If a/s are audited and facts come to knowledge of Govt., your client will be in a soup.
Under no circumstances, should he retain it with him.


Kind regards,

Rebecca Andrews

--- On Mon, 8/3/10, Shamaa Khan <shamaaraat@gmail.com> wrote:

From: Shamaa Khan <shamaaraat@gmail.com>
Subject: Re: [aurangabad_ca] SERVICE TAX QUARRY
To: aurangabad_ca@yahoogroups.com
Date: Monday, 8 March, 2010, 3:57 AM

 

Dear Mr.Anand,
 
 
One of my client had registered under service tax before he crossed the threshold limit & started collecting service tax .
 
He never disbursed the collected service tax to Govt's A/c .
 
 
At the end of the year his total gross reciepts is below threshold limit.
 
Is he liable to pay service tax to Govt or he should refund back to the parties from whom he had collected.
 
Pl.advise.
 
Also advise whether the Service tax officer can trail the income of assessee through PAN ? thro' website via TDS ?????
 
Regds,
 
Shamaa
 
 
 
 
 
 
 
 
 
 
 


 
On Sat, Mar 6, 2010 at 7:29 PM, ANAND NAHAR <anand@skjglobal. net> wrote:
 

Dear Rohit
 
Limit has not increased in this budget.
 
Any notification you desired can get from CBEC site.
 
 
 
CA Anand Nahar
 
Shah Khandelwal Jain & Associates
Chartered Accountants,
 
C-6 Balaji Apartment, Behind Hotel Kohinoor Plaza, Nirala Bazar, Aurangabad - 431101
 
Tel: +91 240 2345597
 
Email: anand @ skjglobal.net
 
web: www.skjglobal. net
 
Please consider the environment before printing this e-mail. 1 ton of
paper = 17 trees. Reduce. Reuse. Recycle.
 
 
----- Original Message -----
Sent: Wednesday, March 03, 2010 5:59 PM
Subject: RE: [aurangabad_ ca] SERVICE TAX QUARRY

 

Dear Mr.Anand

Thanks for information. For my personal record I require copy of the mention notifications. This is if not next year my professional fees are bound to increase Rs 10 lakhs. Is in current budget limit is extended?

Thanks  and Regards

CMA ROHIT J VORA

contact@rohitvora. com

09820217893, 09821713093, 91 22 28904515

From: aurangabad_ca@ yahoogroups. com [mailto:aurangabad_ca@ yahoogroups. com] On Behalf Of ANAND NAHAR
Sent: Wednesday, March 03, 2010 4:37 PM
To: aurangabad_ca@ yahoogroups. com
Subject: Re: [aurangabad_ ca] SERVICE TAX QUARRY

 

Dear Torkaji

Reply to Your 1st Query :- The Small Scale service providers must make the application for registration within 30days of the date in the Financial Year in which the aggregate value of taxable services exceeded Rs. 9 lakhs. So in your case, the assessee may opt to register himself after crossing the above limit. Also refer Rule read with section 69 & notification no. 26/2005 st dated 7/6/2005

Reply to Your 2nd Query :-    Assessee has an option to avail exemption from tax leviable on taxable services of aggregate value not exceeding threshold limit of Rs 10 lakhs. in any financial year subject to the fulfillment of the condition specified in the notification 6/2005 dated 1-3-2005. Hence in your case assessee can avail the exemption limit of Rs 10 lakh for current year as well as in any of financial year and tax have to charge on & above the taxable service of Rs. 10 lakh.

Regards,

CA Anand Nahar
 
Shah Khandelwal Jain & Associates
Chartered Accountants,
 
C-6 Balaji Apartment, Behind Hotel Kohinoor Plaza, Nirala Bazar, Aurangabad - 431101
 
Tel: +91 240 2345597
 
Email: anand @ skjglobal.net
 
web: www.skjglobal. net

Please consider the environment before printing this e-mail. 1 ton of
paper = 17 trees. Reduce. Reuse. Recycle.

----- Original Message -----

From: VASANT TORKA

Sent: Wednesday, March 03, 2010 3:34 PM

Subject: [aurangabad_ ca] SERVICE TAX QUARRY

 

DEAR MEMBERS

I HAVE ONE SERVICE TAX QUARRY

- ONE OF MY CLIENT WAS REGISTERED UNDER SERVICE TAX , HOWEVER WHEN LIMIT INCREASE TO 10 LACS , HE SURRENDER THE NO 

- FOR F Y 2010 - 11 HE WANT TO RE REGISTER

- DURING F Y 2009 - 10 THE TURNOVER IS BELOW RS 9 LACS

QUARRY

- WHEN SHOULD HE APPLY FOR REGISTRATION , ON CROSSING THE LIMIT OF RS 9 LACS DURING F Y 2010 - 11 OR BEFORE 

- WHETHER THE BASIC EXEMPTION OF RS 10 LAC WILL BE AVAILABLE TO HIM,ie S TAX SHOULD BE CHARGED ON THE AMOUNT EXCEEDING 10 LACS OR BEFORE

REGARDS

V G TORKA




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