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Question added Mar 28, 2014 Income Tax By orjoon , CA , East Delhi
Question added Mar 27, 2014 Accounts By arun , West Delhi
Question added Mar 26, 2014 Income Tax By CA KIRAN LONDHE , CA , Mumbai
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Q. Transfer pricing - XYZ LLC is US based LLC . Mr. A is founder of it . Mr. A is NRI , person of Indian origin .
At present XYZ LLC is entering into contracts with Software engineers in India for performing software development in India on its behalf for its foreign clients . Liability to bear Indian taxes is on Engineers .
Entire risk relating to software development is handled by XYZ LLC and all clients are foreign clients.
Now they have established private limited company named “ XYZ India Private Limited “ with motto of instead of entering into contract agreement with engineers , keeping them on payroll of XYZ India Private limited “. i.e. outsourcing to Indian company .
Shareholding pattern of XYZ India Private Limited .
Mr. A – 99% in Indian currency – NRI , person of Indian origin
Mr. B- 1% Indian resident .
MR. A & Mr. B are directors.
Nature of transaction:-
XYZ India private limited will raise invoice on XYZ LLC covering reimbursement of expenses like Salary of engineers, rent , and other business related expenses plus some mark up.
Want to know :-
1. Treatment for above transaction under Service Tax – Would it be treated as export and no service tax ?
2. Are XYZ LLC and XYZ India Private Limited associated enterprises ? What would be its effect on service tax liability?
3. Would it be covered under Transfer Pricing ? and How much mark would be sufficient ? what documents would be required ?
4. Cost benefit analysis - Service tax and Income tax point of view . How can the above mentioned transaction entered to minimize taxes ?
Question added Mar 26, 2014 Excise By Hemant , CMA , Mumbai
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Q. Dealer return - Dear Sir,

May I request your guidance on the topic information that need to be shared in the Dealer return I would like to share various scenario in the following paras


Facts :
Assessee is selling its manufactured product through various depots. Some of the depots of the assesssee are registered with Excise department as First stage dealer.

Situation 1.
Period 01/10/2013 to 31/12/2013

On 4th Oct 2013 there is dispatch from factory to Excise registered depot. ( qty 100, Assessable value – INR 1000 Excise duty –INR 140). Said consignment is received in depot on 10th Oct 2013. During this period no sales took place from depot.

Question :
What information to be provided in the head : Document based on which Credit is passed on

Situation 2.
Period 01/10/2013 to 31/12/2013

On 4th Oct 2013 there is dispatch from factory to Excise registered depot. ( qty 100, Assessable value – INR 1000 Excise duty –INR 140). Said consignment is received in depot on 10th Oct 2013. During this period on Depot raised excise invoice for 30 qty and excise duty passed on to customer through invoice was INR 42. Commercial invoice was raised for 40 qty and no excise duty is passed on to customer ( value of Excise was added in the basic sales price)

There was one more stock transfer from factory on 20th Nov 2013 ( qty 50 Assessessable value – INR 5000 Excise Duty – INR 70). All the material is in stock.

Question : 1. What information to be provided in the head : Document based on which Credit is passed on and what values to be shown.

Situation 3.
Period 01/10/2013 to 31/12/2013

On 4th Oct 2013 there is dispatch from factory to Excise registered depot. ( qty 100, Assessable value – INR 1000 Excise duty –INR 140). Said consignment is received in depot on 10th Oct 2013. During this period on Depot raised excise invoice for 30 qty and excise duty passed on to customer through invoice was INR 42. Commercial invoice was raised for 40 qty and no excise duty is passed on to customer ( value of Excise was added in the basic sales price)

On 10th Jan 2014 Excise invoice was raised for balance 30 qty and Excise duty passed on to customer is INR 42.

There was one more stock transfer from factory on 20th Nov 2013 ( qty 50 Assessable value – INR 5000 Excise Duty – INR 70). All the material is in stock.

Question : 1. What information to be provided in the head : Document based on which Credit is passed on and what values to be shown.

Question added Mar 24, 2014 Audit By Ranjit Kumar , Delhi
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