Levy of service tax
This query is : Resolved
ANIL SHARMA
(Querist)
04 October 2012
Dear Friends
I have a query regarding service tax
i am working with a transport company registered as GTA and paying service tax for the GTA service. Now under the same proprietor we also receiving a rental income from portion of office let out on rent. Rent received during the fy 2010-11 Rs 4,30,000/- and Rs. 6,50,000/- during the year 2011-12
but we have not charged any service tax on rental income from our tenant as we are in idea that the rental income is less than Rs ten lakh in the single fy. but during the audit st people asking me also to pay the service tax on rental income as aggregate income that is GTA and rental exceeds the Rs. ten lakh. but i am in confusion of that at a part of time i heard from some body that in process of aggregating the limit amount GTA service is not to inclued as is have some different aspects but i am not clear about kindly help me to clear this point
I have a query regarding service tax
i am working with a transport company registered as GTA and paying service tax for the GTA service. Now under the same proprietor we also receiving a rental income from portion of office let out on rent. Rent received during the fy 2010-11 Rs 4,30,000/- and Rs. 6,50,000/- during the year 2011-12
but we have not charged any service tax on rental income from our tenant as we are in idea that the rental income is less than Rs ten lakh in the single fy. but during the audit st people asking me also to pay the service tax on rental income as aggregate income that is GTA and rental exceeds the Rs. ten lakh. but i am in confusion of that at a part of time i heard from some body that in process of aggregating the limit amount GTA service is not to inclued as is have some different aspects but i am not clear about kindly help me to clear this point
CA Ayush Agarwal
(Expert)
04 October 2012
The value of the following services need not be considered in aggregate value:
(a) Value of services in the Negative List,
(b) Value of services under Exemption Notification 33/2012 or any other notification which provides for full exemption from service tax.
The value of the following services will be considered in aggregate value:
Complete reverse charge and partial reverse charge has to be included in the aggregate value except complete reverse charge in case of GTA service as clarified in the notification number 33/2012 itself. “For the purposes of determining aggregate value not exceeding ten lakh rupees, to avail exemption under this notification, in relation to taxable service provided by a goods transport agency, the payment received towards the gross amount charged by such goods transport agency under section 67 of the said Finance Act for which the person liable for paying service tax is as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules, 1994, shall not be taken into account.”
(a) Value of services in the Negative List,
(b) Value of services under Exemption Notification 33/2012 or any other notification which provides for full exemption from service tax.
The value of the following services will be considered in aggregate value:
Complete reverse charge and partial reverse charge has to be included in the aggregate value except complete reverse charge in case of GTA service as clarified in the notification number 33/2012 itself. “For the purposes of determining aggregate value not exceeding ten lakh rupees, to avail exemption under this notification, in relation to taxable service provided by a goods transport agency, the payment received towards the gross amount charged by such goods transport agency under section 67 of the said Finance Act for which the person liable for paying service tax is as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules, 1994, shall not be taken into account.”
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CA Ayush Agarwal
(Expert)
04 October 2012
So Your GTA Service Need Not to Count.
Hence You Need Not to register With Service Tax Authorities.Till Your Rental Income Doesnt Cross 9 Lacs in Any Previous Year.
Hence You Need Not to register With Service Tax Authorities.Till Your Rental Income Doesnt Cross 9 Lacs in Any Previous Year.
ANIL SHARMA
(Querist)
04 October 2012
Dear Ayush can you make me clear regarding previous year 2010-11 and 2011-12
CA Ayush Agarwal
(Expert)
05 October 2012
Need Not to Consider.
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