Small service providers exemption
This query is : Open
23 November 2016
A service Provider who is required to pay the service tax for the first time , paid the Service tax amount without availing the small service providers exemption of rs 10 lakh. so is there any remedy to claim that exemption in next month or quarter of the same year?
CA. Vinodh Kothari
(Expert)
23 November 2016
If the 1st Service Tax Return is not filed then you can claim the 10 Lakhs exemption while filing the 1st service tax return in ST3. You have to ensure that the Rs.10 Lakhs is shown under exemption in the ST3. Provided you have to ensure that the Rs.10 Lakhs invoice should have been raised first and then the Taxable Invoice.
VK
VK
23 November 2016
First half yearly return also submitted for the same without availing the benefit...is any remedy available in next 6 month or in 2 nd half yearly return?
CA. Vinodh Kothari
(Expert)
23 November 2016
If the 1st Half yearly return is filed for Sep 16 you have time to revise the return. You can revise the return and claim the exemption. Now.
VK
VK
24 November 2016
Ok. Thanks. But before Revising I will provide full details. Please assist me.
1) I register for service tax in current year only. Because in last year taxable value of service provided is below 8 lakh. So Iam eligible to Small service provider exemption. Right?
2) In current year I can pay service tax on receipt basis upto 50 lakh. Right?
3) In current year up to 30-09-16 Taxable value of service provided is 450000( as per receipt basis) & I collect & paid service tax of Rs 67500 @ 15%.. Now how can I revise the same? How to avail 10Lakh exemption in the return?
4)Can I adjust the amount paid as service tax in next half yearly return? or can I eligible to refund?
Waiting for your valuable answer sir..
1) I register for service tax in current year only. Because in last year taxable value of service provided is below 8 lakh. So Iam eligible to Small service provider exemption. Right?
2) In current year I can pay service tax on receipt basis upto 50 lakh. Right?
3) In current year up to 30-09-16 Taxable value of service provided is 450000( as per receipt basis) & I collect & paid service tax of Rs 67500 @ 15%.. Now how can I revise the same? How to avail 10Lakh exemption in the return?
4)Can I adjust the amount paid as service tax in next half yearly return? or can I eligible to refund?
Waiting for your valuable answer sir..
Shyam Lal Naik
(Expert)
24 November 2016
Since you have collected service tax, you can not avail SSI exemption.
It amounts to your not opting to avail the exemption.
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