ST on commission received

This query is : Resolved

DHARANI (Querist)
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19 June 2017 whether service tax is leviable if a commission agent gives a credit note instead of invoice pls answer urgent

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 June 2017 Service tax is applicable if a commission agent gives a credit note invoice has to be issued.

DHARANI

DHARANI (Querist)
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19 June 2017 the credit note is given by the other party not the agent ....even in such is it applicable

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 June 2017 Agent has to issue invoice and pay service tax if total commission for the year exceeds 10 lacs.

DHARANI

DHARANI (Querist)
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19 June 2017 yes,but the invoice hasn't been issued and the other party who took the services issued a credit note and the agent booked the commission based on such credit note .Say me in this case pls

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 June 2017 You can't escape from statutory liability due to non compliance of provisions.

DHARANI

DHARANI (Querist)
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19 June 2017 so the agent has to pay service tax?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 June 2017 Agent has to pay service tax and issue invoice and collect it from the party paid the commission.

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