Due date for payment of st if service is under rcm

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CA Priti Kishor Totala. (Querist)

02 January 2015 There is a Pvt company- recipient of Transport service so it pays Service Tax on 25 % (75% is abatement) of amount of Freight inward and Outward under Reverse charge mechanism.

My question is :-

Bill of Freight dated 05.10.2014 is paid on 08.12.2014 in this case what is the due date for payment of service tax under Reverse charge mechanism.

-Thanks in advance for co operation

Guest

Guest (Expert)

02 January 2015 RULE 7. Determination of point of taxation in case of specified services or persons.--
Notwithstanding anything contained in these rules, the point of taxation in respect of the persons required to pay tax as recipients of service under the rules made in this regard in respect of services notified under sub-section (2) of section 68 of the Act, shall be the date on which payment is made :

Provided that, where the payment is not made within a period of six months of the date of invoice, the point of taxation shall be determined as if this rule does not exist:

Provided further that in case of “associated enterprises”, where the person providing the service is located outside India, that point of taxation shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.]

SO the payment of Service tax should be on 5th/6th January2015

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