14% or 14.5%

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 April 2016 1) A client pays service tax under the head Renting of Immovable Property.
The rent for November is made due on 01.11.2015. The payment is received for the same in parts i.e. 1.11.2015 to 16.11.2015 is received once and the other half 17.11.2015 to 30.11.2015 is received in part.

My question is should the client pay service tax at 14% or 14.5% ?
Can this service be classified partly and tax paid on 14% and 14.5% for 14 days and 16 days respectively.
If the client is an HUF ?

Amol S Joglekar

Amol S Joglekar (Expert)
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20 April 2016 rent falls due on 01/11/2015. So if your client is company, the provision as on 01/11/2015 will prevail.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 April 2016 Invoice can't be issued on 1-11-2015 without providing service or receiving money against service. Pl see rule 4A of Service tax Rules,1994.
Therefore, the query is infructuous.

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