Double taxation.-cst on service tax.

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suuny (Querist)
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19 March 2012 purchase of license software bill includes
bill amt. Rs.xxxxxx
+service taxRs.xxxx
---------------------
total Rs.xxxxxxxxx
+ CST (i.e. including on service tax)

Is this correct?

suuny

suuny (Querist)
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20 March 2012 anyone pl. reply

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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21 July 2024 It seems there might be confusion regarding the application of CST (Central Sales Tax) on Service Tax in your case. Let me clarify the standard practice:

1. **Service Tax on Software License**: When you purchase a software license, the supplier charges Service Tax on the invoiced amount. Service Tax is a central tax levied by the government on certain services provided or agreed to be provided.

2. **CST (Central Sales Tax)**: CST is a tax levied on sales of goods in the course of inter-state trade or commerce in India. It is not applicable on services, including Service Tax charged on services.

3. **Tax Treatment**:
- **Service Tax**: This is charged on the service provided, in this case, the software license.
- **CST**: Applicable only on the value of goods (not services) sold across states.

4. **Invoicing Practice**:
- The invoice should clearly show the breakup of the software license cost, Service Tax charged on the service component, and the total amount inclusive of Service Tax.
- CST should not be calculated on Service Tax amount. CST is applicable on the value of goods (software license in this case), which does not include Service Tax.

5. **Example Calculation**:
- If the software license cost is Rs. xxxxxx, and Service Tax charged is Rs. xxxx (assuming 15% Service Tax), the invoice might look like:
```
Software License: Rs. xxxxxx
+ Service Tax @ 15%: Rs. xxxx
Total Invoice Amount: Rs. xxxxxx + Rs. xxxx
```
- CST, if applicable, would be calculated on the base price of the software license (Rs. xxxxxx), not on the Service Tax amount.

6. **Review the Invoice**:
- Check your invoice to ensure CST is not being applied on the Service Tax component. CST should only be on the value of goods (software license) and not on any taxes (like Service Tax) added to the invoice amount.

If you find that CST has been incorrectly applied on Service Tax, it's advisable to discuss this with your vendor or supplier to rectify the invoice. Incorrect tax calculations can lead to compliance issues and incorrect financial reporting. Always ensure invoices accurately reflect the taxable components based on applicable tax laws.

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