Service Tax on Advance Received

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G. RAMESH BABU (Querist)
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03 March 2009 W.E.F 23 May 2005 service tax is paybale on advance received for providing the service. ours is a post production facility house and it will take 5-6 months to complete a job. During the progress of the work we will receive part payments from the customer and we are paying service tax on the amounts recieved in the same month. w.e.f 24.2.09 the tax rate has been reduced to 10%. For the projects which have started before 24th Feb and completed after 24 Feb 09 we will raise the bills now and have to charge 10% tax. But on the advances received for the same project we paid tax at 12%. Please clarify me how we can raise the bills and pay the tax

Rajesh Kumar

Rajesh Kumar (Expert)
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03 March 2009 You raise the bills of actual amount of service taxes paid. Bifurcate the bills in two parts- for earlier parts charge 12%, for later parts charge 10%.
It is not clear from the service tax laws as to what is the relevant date for charging service tax. This confusion is there due to that reason.

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