Applicability of threshold limit after registration
This query is : Resolved
Srishti Shetty
(Querist)
13 April 2015
If a service provider has registered himself even though his value of taxable services hasn't crossed Rs.10 lakhs ,then is he liable to pay ST and file returns for the same?
CA R SEETHARAMAN
(Expert)
13 April 2015
He is not liable to pay ST but once registered he has to file return.
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Srishti Shetty
(Querist)
13 April 2015
But then if he has paid ST,then can he carry forward the same? If yes, then till when?
CA R SEETHARAMAN
(Expert)
13 April 2015
If ST paid has been passed on to service receiver it can't be carry forward.
Sub-rule (1A) of rule 6 of the Service Tax Rules, 1994, which reads as follows. “(1A) Without prejudice to the provisions contained in sub-rule (1), every person liable to pay service tax, may, on his own volition, pay an amount as service tax in advance, to the credit of the Central Government and adjust the amount so paid against the service tax which he is liable to pay for the subsequent period:
Provided that the assessee shall: intimate the details of the amount of service tax paid in advance, to the jurisdictional Superintendent of Central Excise within a period of fifteen days from the date of such payment; and indicate the details of the advance payment made, and its adjustment, if any in the subsequent return to be filed under section 70 of the Act.
Sub-rule (1A) of rule 6 of the Service Tax Rules, 1994, which reads as follows. “(1A) Without prejudice to the provisions contained in sub-rule (1), every person liable to pay service tax, may, on his own volition, pay an amount as service tax in advance, to the credit of the Central Government and adjust the amount so paid against the service tax which he is liable to pay for the subsequent period:
Provided that the assessee shall: intimate the details of the amount of service tax paid in advance, to the jurisdictional Superintendent of Central Excise within a period of fifteen days from the date of such payment; and indicate the details of the advance payment made, and its adjustment, if any in the subsequent return to be filed under section 70 of the Act.
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