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Service tax on transporter


09 April 2013 we are taking services from transporters continuously but we receipt bills from transporters after 2-3 months.

Like for april month bill received in july..

But payment made in june.

In which month and date we have to deposit service tax as service receipint.

Kindly reply.

Thanks.


09 April 2013 Hi Gaurav,

With respect to your query, As per service tax rules, Service Tax will be payable on accrual basis /completion of service or receipt basis, whichever earlier.

In your query, since you are receiving service before the bill and further it is not continuous basis, hence as per your example, service tax becomes payable in the month of April itself.

I hope this would resolve your query.

Regards,
Niraj Pandit

09 April 2013 Hi Gaurav,

With respect to your query, As per service tax rules, Service Tax will be payable on accrual basis /completion of service or receipt basis, whichever earlier.

In your query, since you are receiving service before the bill and further it is not continuous basis, hence as per your example, service tax becomes payable in the month of April itself.

I hope this would resolve your query.

Regards,
Niraj Pandit




09 April 2013 My opinion is different.....as per service tax rules under reverse charge mechanism you have to pay service tax in the next quarter or month due date w.e applicable to you in which you had paid for the bill if it within 6 month of bill date....otherwise normal situation due date is applicable to you

Kindly visit following Link
http://www.indiantaxupdates.com/2013/01/25/service-tax-reverse-charge-mechanism-accounting-treatment/

09 April 2013 I agree with you, Neha.... Thanks for the update..... Will point out the relevant portion for the point of taxation as per your link;

"Rule 7: - Determination of point of taxation in case of specified services or persons: -

Notwithstanding anything contained in these rules, the point of taxation in respect of the persons required to pay tax as recipients of service under the rules made in this regard in respect of services notified under sub-section (2) of section 68 of the Act, shall be the date on which payment is made:

Provided that, where the payment is not made within a period of six months of the date of invoice, the point of taxation shall be determined as if this rule does not exist:

As this is clear from the above Rule 7 of Point of Taxation is that in case of Reverse Charge the Point of Taxation is when the payment is made .i.e.service tax liability is arise when service recipient make payment to service provider."

09 April 2013 you are welcome dear

Regards,
Neha Chauhan

09 April 2013 Thanks Niraj and Neha for your valuable opinions...

I got the new updation...

12 April 2013 Hi Niraj/Neha,

i want to know if have imported service in july month and paid service tax in august.

Invoice received in august itself.

But payment of service is made to party in september.

Then in which month service is to be shown in ST-3 Return.

And if payment made in october, whether case will change.





12 April 2013 And further i want to know, payment referred in Rule 7 is of what?

Payment of Service to party or Payment of service tax to department ??



12 April 2013 Dear Gaurav,

In your first Question you have to show it in August and in second if you paid whole amount in oct then yes the case will be changed.

Payment of service to party

Regards,
Neha Chauhan

12 April 2013 why in first case, required to show in august while as per rule 7, date of payment is POT(confirmed by YOU).

I think it will be sept. in First ??

And Oct. IN second ??

and further if service received in feb. and payment made in april then it will come in next year return ??





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