Point of taxation in the case of 100% rcm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 November 2014 when a company paid advance to a advocate then company is liable to pay service tax on advance payment to Gov. through GAR-7 .
if today pay (21st Nov.) nov, as a advance to a advocate RS. -10000 then whether i have to pay service tax on or before 6th december Rs. 1236. as a service tax on advance payment.

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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22 November 2014 As per Rule 7 of the Point of Taxation Rules, 2011 point of taxation in case of reverse charge is the date of payment.

So in this case the point of taxation will be date on which advance is paid to the advocate firm.

Accordingly for advance paid on 21 Nov, service tax has to be deposited on or before 6th December (if paid electronically)

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