Service tax matter

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Nishant Kakkar (Querist)
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27 February 2015 Hello sir,

please guide me that Service Tax department determined demand for the F/y 2009-10, 2010-11, 2011-12, 2012-13 on the basic of balance sheet figure. now i am going to find out accurate figure of Service tax due in 2009-10 and 2010-11 on the receipts basis and for F/Y 2011-12 & 2012-13 on the billing basic.

thus please suggest me the same procedure is fine or not or other alternative procedure suggest me as the case may.

thanking you. and also suggest me if in F/Y 2012-13 any debtor gad not paid bill amount then can we ignore the service tax on unpaid amount as the amount become bad debts..

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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27 February 2015 Your procedure working out service tax on receipts and billing is fine.
As per the Central Board of Excise and Customs, bad debts are not allowed as deduction from service tax. The service tax department has clarified that if the amount of invoice is renegotiated due to deficient provision of service or due to terms of the contract (for example contingent on the happening or non-happening of a future event), the tax will be payable on the revised amount. This is subject to the excess amount either refunded or a suitable credit note issued to the service receiver. However, concession is not available for bad debts.

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Nishant Kakkar

Nishant Kakkar (Querist)
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04 March 2015 dear sir,
please guide if i received amount from party in or after F/Y- 2011-12, which was related to or before F/Y- 2010-11 then i need to deposited service tax on receipts basis instead of billing. please suggest me correct way if am wrong in this regards.

thanking you
M-98710-34071

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 March 2015 Please see the link.
https://www.servicetax.gov.in/pt-of-taxtn2011.htm

Nishant Kakkar

Nishant Kakkar (Querist)
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10 March 2015 dear sir,

we field service tax return within time but figure was submitted by us wrongly and 90 days has gone away to revised the return. So in this regard issue of demand may raised. so pls suggest me the right way to ignore such type of litigation/ demand.

Thanking you

Niashant Kakkar
98710-34071

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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10 March 2015 Revised return of service tax can not filed after 90 days as per rule 7B also one thing is need to be noted that once we revised return within 90 days after we could not revised the same second time and to avoid any dispute in future, one letter addressed to dept for the correction submit to the dept.

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