Manager (Indirect Taxes)
821 Points
Joined January 2011
This is with reference to Jyoti's query.
A registered Service provider is required to charge & pay service tax from service receivers on crossing the threshold limit of Rs.10 lakhs for the first time.
To illustrate suppose X a service provider provides Services as follows:
Year 1 Rs.8.00 lakhs
Year 2 Rs.9.20 lakhs
Year 3 Rs.9.50 lakhs
Year 4 Rs.11.00 lakhs
Year 5 Rs.8.50 lakhs
In the above case, X is required to get Service tax registration during Year 2 (as he crossed threshold limit of Rs.9 lakhs for registration).
No Service Tax is required to be paid for Year 1, Year 2 or Year 3 as Threshold limit has not been crossed.
X will be required to charge Service Tax and pay it to Department from Year 4 (on crossing threshold limit of Rs.10 lakhs for payment of service tax). Tax will have to be paid on amount exceeding Rs.10 lakhs for that year.
Though where X has charged service tax on any invoices issued before crossing the threshold limit of Rs.10 lakhs, the same will also have to be paid to the department.
For Year 5 Service Tax will have to be paid on whole amount of Rs. 8.50 irrespective of whether it exceeds Rs. 10 lakhs or not.