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INTERVIEW QUESTIONS
TAX
SERVICE TAX
DETAILS
Question: Are there any other General Exemptions for Service Tax?
Answer: The following general exemptions from payment of whole of the amount of Service Tax are available for the Service Providers:-
Services provided to the United Nations or International Organisations (Notification No.16/2002-ST dated 02.08.2002).
Services provided to a developer of Special Economic Zone or a unit of Special Economic Zone as prescribed in the notification.(Notifn. No.04/2004-ST dated 31.03.2004).
The value of the goods and materials sold by the service provider to the recipient of the service is exempted from payment of the Service Tax, if there is a documentary proof specifically indicating the value of the goods and materials and no credit of duty paid on such goods and material sold, has been taken under the provisions of CENVAT Credit rules, OR where such credit has been taken by the service provider on such goods and materials, but such service provider has paid the amount equal to such credit availed before the sale of such good and materials. (Notifn.12/2003-ST dated 20.06.2003 as amended from time to time).
Exemptions to Diplomatic Missions for official use of taxable services and also to the officers and their families of a Diplomatic Mission for personal use of taxable services- Refer Notification Nos. 33/2007-ST and 34/2007-ST, both dated 23.5.2007.
Specified taxable services, as listed below, received by an exporter and used for export of goods (Notification No. 17/2009 dated 07.07.2009 as amended). Under this notification, the service tax paid by an exporter on these services is refunded to the exporter on compliance of conditions mentioned in that notification. 1. General Insurance 2. Port Service 3. Technical Testing & analysis 4. Technical Inspection & Certification 5. Other Ports 6. Transport of Goods by Road (Goods Transport Agency)[from the inland container depot to the port of export] 7. Transport of goods in containers by Rail [from the inland container depot to the port of export] 8. Cleaning Service 9. Storage & Warehousing 10. Courier 11. Transport of Goods by Road (Goods Transport Agency)[directly from the place of removal, to inland container depot or port or airport,] 12. Transport of goods in containers by Rail [from the place of removal to inland container depot or port or airport] 13. Custom House Agent 14. Banking & other Financial Services 15. Business Auxiliary Services 16. Service of sale or purchase of foreign currency including money changing by a banking company or financial institution including non-banking financial company or a body corporate or a financial concern. 17. Service of sale and purchase of foreign currency including money changing provided by a person other than those referred at S.No 16. 18. Service of supply of tangible goods for use without transferring the right of possession and effective control. 19. Clearing and forwarding service 20. Terminal handling charges.
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Question:
Are there any other General Exemptions for Service Tax?
Answer:
The following general exemptions from payment of whole of the amount of Service Tax are available for the Service Providers:-
Services provided to the United Nations or International Organisations (Notification No.16/2002-ST dated 02.08.2002).
Services provided to a developer of Special Economic Zone or a unit of Special Economic Zone as prescribed in the notification.(Notifn. No.04/2004-ST dated 31.03.2004).
The value of the goods and materials sold by the service provider to the recipient of the service is exempted from payment of the Service Tax, if there is a documentary proof specifically indicating the value of the goods and materials and no credit of duty paid on such goods and material sold, has been taken under the provisions of CENVAT Credit rules, OR where such credit has been taken by the service provider on such goods and materials, but such service provider has paid the amount equal to such credit availed before the sale of such good and materials. (Notifn.12/2003-ST dated 20.06.2003 as amended from time to time).
Exemptions to Diplomatic Missions for official use of taxable services and also to the officers and their families of a Diplomatic Mission for personal use of taxable services- Refer Notification Nos. 33/2007-ST and 34/2007-ST, both dated 23.5.2007.
Specified taxable services, as listed below, received by an exporter and used for export of goods (Notification No. 17/2009 dated 07.07.2009 as amended). Under this notification, the service tax paid by an exporter on these services is refunded to the exporter on compliance of conditions mentioned in that notification. 1. General Insurance 2. Port Service 3. Technical Testing & analysis 4. Technical Inspection & Certification 5. Other Ports 6. Transport of Goods by Road (Goods Transport Agency)[from the inland container depot to the port of export] 7. Transport of goods in containers by Rail [from the inland container depot to the port of export] 8. Cleaning Service 9. Storage & Warehousing 10. Courier 11. Transport of Goods by Road (Goods Transport Agency)[directly from the place of removal, to inland container depot or port or airport,] 12. Transport of goods in containers by Rail [from the place of removal to inland container depot or port or airport] 13. Custom House Agent 14. Banking & other Financial Services 15. Business Auxiliary Services 16. Service of sale or purchase of foreign currency including money changing by a banking company or financial institution including non-banking financial company or a body corporate or a financial concern. 17. Service of sale and purchase of foreign currency including money changing provided by a person other than those referred at S.No 16. 18. Service of supply of tangible goods for use without transferring the right of possession and effective control. 19. Clearing and forwarding service 20. Terminal handling charges. Source: CoolInterview.com
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Whether Gross Value of taxable services on which recipient has paid service tax as specified under Section 67(2) of the Finance Act, 1994 read with Service Tax Rules 1994, charged by goods Transport Agency shall be counted for determining aggregate value of small scale exemption?
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What are the conditions of exemption of Service Tax to small scale service providers?
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How does one work out the Service Tax liability and pay the same to the Government, in case the customer or a client pays only the value of the service amount, but not the Service Tax amount mentioned in the bill?
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What is meant by "Completion of Service" as in many situations it is not possible to issue invoices within 14 days of the completion of the service since the exact date of completion of service is difficult to identify?
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Is the Service Tax payable by the assessee even in cases where his clients [recipient of service] do not pay for the service(s) rendered or when the client pays only a part of the bill raised in this regard?
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Whether certified copies of invoices can be used for claiming refund, if originals are needed for other statutory purpose; Whether on the basis of single invoice, one can claim proportionate refund for SEZ Unit and balance as cenvat credit?
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Whether consolidated refund claim under 17/2011-ST can be filed by an entity having more than one SEZ unit and a centralized service tax registration?
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Whether proportionate amount of service tax paid on shared services that have not been refunded after applying the formula, shall be available to the DTA Units of the entity as cenvat credit?
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A Developer may not have export turnover; therefore, he cannot get refund of service tax based on the formula provided for shared services in paragraph 2(d) of the notification 17/2011: therefore, it may be explained how a Developer can claim exemption under this notification?
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Meaning of the expression "total turnover" found in paragraph 2(d) of the notification 17/2011 is not clear: whether it refers to turnover of SEZ Unit or the entity (including DTA and SEZ Unit). This may be clarified?
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Whether Approval by UAC is necessary, to claim benefit under the Notification?
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Meaning of the expression - who does not own or carry on any business other than the operations in the SEZ? appearing in paragraph 2(a)(iii) of the notification, which creates a difference between "standalone" and "non-standalone" SEZ Unit/Developer, may be clarified?
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To claim the refund arising out of service tax paid under section 66A, no proforma is prescribed in the notification; how to claim it?
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Is there any provision for interest for delayed payment of refunds?
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What is the "Relevant Date" for the purpose of Refund of Service Tax?
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What is the procedure for claiming Service Tax refund?
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Can any adjustment of tax liability be made by an assessee on his own, in cases when Service Tax has been paid in excess?
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What is the preservation period for service tax records and documents?
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