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Should a service provider charge st if he/she is ssp (Service Tax)

This query is : Resolved

Sanjay

( Author )
19 June 2012

Respected Members',
We know that as per provision if any service provider's aggregate value of taxable service in a financial year exceeds Rs 9 lacs he should apply for registration within 30 days from such date.But if the above stated condition does not apply,Should the service provider charge ST in his invoice made to its customer(s)?

Suppose he wrongly charges service tax in the invoices, then how he should deposit the tax to the credit of Central Government,as he does not have any service tax registration no.Then should he specially apply for the registration no.?
I do not have any clear idea in this regard.

Please suggest.

Regards...

CA UMESHKUMAR R. ACHARYA

( Expert )
23 June 2012

If party has wrongly collected servicetax than he is liable to pay the same to the
central government so it is advisable to obtain number and pay tax and file return also.
Please also note that moment you collect service tax from party, then onwards
you are liable to collect from all irrespective of your turnover.
e.g sometimes your X customer pays tax and Y customer refuses , your turnover is less than 10lacs ,then you are personnally
liable for service tax which is not paid by Y. for particular that financial year

Sanjay

( Author )
24 June 2012

Thank you very much Sir...

RENGARAJ R.K

( Expert )
22 August 2012

Without RC number if you charge ST, the service receiver will not be able to avail the input service (cenvat) on your bill. So, apply for the RC and start collecting the service tax for all subsequent bills also.