Exemption under service tax rule 1994, 6(1)

Hi Vinay

(1) Point of Taxation Rules 2011 are applicable on ALL the services. However, Rule 7(c) has been inserted by the Government to keep certain specified services out of the accrual system of service tax levy like: -

- Architects

- Interior Decorators

-Practicing CA, CS & CWAs

- Scintific & Legal services

-Legal Consultancy

-Consulting engineers

That is , these services providers (eligible form of assessees only) have to pay tax as & when payment is received ( & NOT on accrual basis).

Eligible Assessees: -

The benefit is available to "Individuals", "Proprietorship concerns" & "Partnership Concerns" only.

Further,

if "Individuals", "Proprietorship concerns" & "Partnership Concerns" provides any services other than specified above would NOT be eligible for cash basis.

(For details , pls read Rule 7(c) of Point of Taxation Rules, 2011

https://arxadvisors.com/userfiles/POINT%20OF%20TAXATION%20RULES.pdf

(2) Also, Rule 7 provides that service receivers liable to pay tax on reverse charge basis should also pay tax ON ACTUAL PAYMENT BASIS, subject to some conditions. (For details refer Rule 7)

https://arxadvisors.com/userfiles/POINT%20OF%20TAXATION%20RULES.pdf

(3) In case of exports also, point of taxation will be DATE OF RECEIPT of PAYMENT against exports of services, subject to some conditions. ( For details read Rule 7)

https://arxadvisors.com/userfiles/POINT%20OF%20TAXATION%20RULES.pdf

Agree with above. The above changes were inserted in Point of Taxation Rules, 2011 vide Notification No.25/2011-ST dated 31.03.2011. The same can be viewed on CBEC official website below:

https://www.servicetax.gov.in/st-notfns-home.htm

Thank you so much Hari and Prabhat.

As I understand, my line of work falls in real estate category [65(105)(v)] which is not covered under this exemption. Is there anyway to request ST department to add this category under exemption because, like I mentioned earlier, payments are sometimes delayed a lot and it is not justified to pay something one hasn't received or is even not sure to receive. Even if they ask us to pay on the same date or month in which we receive the payment, it will be better and more comfortable.

Mr Vinay

There is no option for you to pay the service tax on payment basis as requesting the department in your  specific case would NOT WORK as even the department is not having any powers to permit any specific service provider to follow any specific practice without having authority by law or any notification or trade circular issued there under. 

Besides, no adjustment of service tax is permissible under the Point of Taxation Rules, 2011 for Bad Debts (i.e, if service provider is not able to recover the payment &/or service tax from the service receiver, it has to be paid by service provider out of pocket- ( NO Liniency)

Well thats too bad and I guess we'll have to live with it. Lets hope they make this rule more comfotable for us in near future.

Anyways, thanks for helping out Mr. Hari.