Can we pay service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 May 2010 When we generated the Service Invoice, service tax on the said services were charged, and the liability was accepted by the by the company who had taken services from us. Where as we had not received the consideration.

In the above said case can we pay service tax irrespective of the realization of the invoices.

If we say, on realization of the invoice only we have to pay service tax liability then please quote the reference section under service tax.

Kindly Help me in this

Shyam Lal Naik

Shyam Lal Naik (Expert)
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28 May 2010 What is meant by "not materialised" is not clear from the query.

Unless there is receipt against the invoice, there is no Service tax liability.

If your customer has disputed the Service tax only, you have to pay service tax by back calculation on the amount actually received.

Rahul Gupta

Rahul Gupta (Expert)
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29 May 2010 Agreed. Service Tax is due only on the receipt basis.

Querist : Anonymous

Querist : Anonymous (Querist)

29 May 2010 If we say, on realization of the invoice only we have to pay service tax liability then please quote the reference section under service tax.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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29 May 2010 Please refer Sec,68 and rule 6 for the same

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