CA
283 Points
Joined May 2016
Dear Amit
In case of new levy of rate, hereinafter termed as Krishi Kalyan Cess (KKC), under service tax Law, then-
As per rule 5 of Point of Taxation Rules 2011 –
- No Tax shall be payable to the extent the invoice has been issued and the payment received against such invoice before such new levy i.e. KKC.
- No tax shall be payable if the payment has been received before the service becomes taxable and invoice has been issued with 14 days of the date when the service is taxed for the first time.
Now answer to your question as per above law–
- Imposition of service tax after 1st June?
Answer –
Rate of 14.5% of service tax shall be applicable in case invoice and payment has been received before 1st June
Rate of 14.5% of service tax shall be applicable in case payment has been received before 1st June and invoice has been issued before 14th June.
Rate of 15% shall be applicable in all other cases.
- Effect on Books of account?
Answer –
Book the credit of KKC in books of account @ .5% (New Levy) It can be adjusted against only output liability of KKC.
Can’t book the credit of Swachh Bharat Cess @ .5% (levied on 15.11.2015).
Book the credit of other tax liability i.e.14% (Basic Service Tax Liability)
- Calculation of Additional rate of .5%.
Answer – It is computed on the Taxable value of service not on the basic service tax @ 14%. Just like Swachh Bharat CESS.