how to fill notification in the service tax returns

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 January 2015 HI Friends/ Respected Sir's

We are Running Construction Company.We Construct Commercial Complex(Orginal Works)

We are Calculating the Service Tax 40% ON VALUE(Notification 24/2012)

While Filling Service Tax Return, There is no Notification Number(24/2012) in the Return

Finally We charges the Service Tax on 40% of Value

How to Show in the Return

Please give proceedure for that Situation

PUNEET GOYAL

PUNEET GOYAL (Expert)
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31 January 2015 Dear,

NN 24/2012 is not an abatement notification. This had made changes in Service Tax Valuation Rules 2006. It means this abatement has been given through rules itself and not by notification so there is no question of selecting any notification in your case.

While filling return you have to show the abatement value in Row B1.11 i.e. Amount claimed as abatement.

I hope above is sufficed. Your valuable feedback in respect of same would be highly appreciated.

(Disclaimer: The above reply has been prepared as per various provisions of Finance Act 1994, notifications issued thereunder and relevant case laws etc. The reply may not be entirely correct for reader to reader due to different interpretations by different readers. The readers are advised to take into the consideration the prevailing legal position before acting on any of the comments in this reply. We shall not be responsible for any loss caused based on this interpretation.)

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2015 Thank you Sir,

But IF I Show the Abatement Value in Row B1.11, WE NEED TO Selected as YES in A12.1 and Mentioned the Notification Number in A12.2

AND ALSO WE ARE UNDER THE CATEGORY OF 50% Service Receiver & 50% Service Provider

Thanking YOU

PUNEET GOYAL

PUNEET GOYAL (Expert)
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01 February 2015 I think in your case you should show only taxable value and also select A 10.3 as your service covered under partial reverse charge.

Querist : Anonymous

Querist : Anonymous (Querist)

01 February 2015 Sir May you Explain Following Summer

Total Bill : 5,00,000 Taxable Value is(40% on Above: 2,00,000

Service Tax is : 24,720

That Service Tax(24,720)will be paid by Service Provider(50%) and Service Receiver(50%)

How to show in the Return

PUNEET GOYAL

PUNEET GOYAL (Expert)
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01 February 2015 As per my understanding and current position of law, you should show Rs.200000 as taxable and pay 12.36% service tax on it.
Moreover, for reverse charge if option of 50% abatement for reverse charge not available then also reduce the taxable value and show taxable value as Rs.100000.