Non Registration of service Tax

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This query is : Resolved

Chandru (Querist)

08 April 2010 Dear Sir/ madam,

MNC ltd is software servie providing company, it turnover is Rs. 43,75,356/- in FY -2009-10. but it did not get service tax registration Number and it did not collect Service tax from his client for FY-2009-10

pls advice me, what is service tax liabiltiy of that company wheather it need to pay service tax for FY-2009-10. if yes, How it will pay servie Tax, becaues it did collect S.Tax,

Thanks & regards

Chandru

UDAY

UDAY (Expert)

09 April 2010 Company has to pay service tax as it is crossed d exempted limit of 10 laks. Since u have collected service charges you need to pay service tax on d same. IT is immaterial whether u have collected service tax or not, your liability to pay service tax on service charges received.

Chandru

Chandru (Querist)

12 April 2010 Thanks

I need some detail information, pls do the needful

Regard

Chandru

Sanjeev Kumar

Sanjeev Kumar (Expert)

24 April 2010 Dear Chandru, if services provided by MNC Ltd. covered under the Service tax preview (non-taxable service & Export serivces are not leviable) then company is liable to pay service tax irrespective of fact whether he charged or not. Please note company is liable to pay tax on back calculation i.e. collection deemed including service tax hence not required to pay on gross collection. secondly you can charge the same from customer issueing a "DEBIT NOTE"

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