Help, Very Urgent

Queries 1110 views 8 replies

Respected All,

Sir any one please help me in this topic.

How we can utilise Cenvat input credit on input services. Whether on Accrual Basis(Bill Booking Date) or on Payment Basis.

How we can Pay Out put tax. Whether on Realisation Basis or Accrual Basis

Please provide me the information with relating Sections in CENVAT Credit Rules

Its very urgent

 

Thanks and Regards

Sharma.V

 

Replies (8)
Please refer Cenvat Credit Rules for a overview

Service tax is totally dependent on the cash basis. Input tax credit can be taken only when you paid. Credit of input service is taken only after payment is made to service provider of the amount of the bill

Output of tax after netting off the input tax credit if any is to be paid to Govt only when you realise the cash. If you receive the part payment then you need to pay to Govet only to the extent of proportinately.

I think Rule rule 6 (3) ( 1 ), of Service Tax BUT PLEASE CHECK IT

 

 

Vinay is right.

The general rule is on receipt/ payment basis. If part paid/ received that part wouldhave tobe calcuated on backward calcualtion.

For associated enterprises which have been made liable from 10.5.2008, once the same is accrued in the books ST is payable and therefore the converse of availing of credit should also be available. For credit a letter from the AE that they are paying in following month on passing entries maybe obtianed to avoid confusion later.

I treated in my accounts regarding Service Tax as under please give me suggestion with Sec/Rulu No's:

For Service Tax Input:

When i received any bill including Service Tax (Ex: 5,000), I treated that part of service tax as input for that month. ex: Jan-09

Note: I did not paid the bill amount to the party in the same month. I made the payment in the nex month.ex. Not paid in Jan-09, but paid in the month of Feb-09

For Out Put Service Tax

 If i realised Rs. 1,00,000 from my coustmer as service tax in Jan-09. I required to pay that amount in the month of Jan-09(Payment on realisation basis).  

My Caliculation is Like here:

Out put service Tax  = 1,00,000

InPut for the month =        5,000

Service Tax Liability =     95,000

Conclusion:

1. I took input credit of Rs.5,000/- against out put service tax payable for the month Jan-09 with out pament (Taking credit on Accrual Basis)  On the basis of Cenvat Credit Rules, 2004 Rule No: 4

2. I made payment of out put service tax on Realisation process

Please Advice me sir, Is my procedure is correct or not ?

With relevant Sections/Rules

Thanks and REgards

Sharma.V

 

 

 

 

For cenvat credit of services only cash basis is allowed,take credit on payment,pay after you collected is the base

You need to pay Rs 1 lac for Jan & get set off for Rs 5000

Open 2 extar accounts for easy understanding -

E.g -

You need to pay Rs 1 lac for Jan & get set off for Rs 5000

Open 2 extar accounts for easy understanding -

E.g - For Services received ( in your case it is Rs 1 lac  I have taken Rs 5000)

1)Dt 1st Jan  - Service Tax ( ST ) Input Tax credit payable To X  Rs 5000

2) Dt 1st Feb  X a/c Debit To bank Rs 5000

3) Dt 1st Feb ST Input Tax Credit paid Debit TO ST Input Tax Credit payable Rs 5000

4) Dt 28th Feb - Service tax Payable to Govt Debit ( Set off with received ) To ST Input Tax Credit paid  Rs 5000

Hope this entry will help you......... I am not familiar with sections

Thanks, VInay

 

sub rule (7) of Rule 4 of CENVAT Credit Rules, 2004 reads as follows:

(7) The CENVAT credit in respect of input service shall be allowed, on or after the day which payment is made of the value of input service and the service tax paid or payable as is indicated in invoice, bill or, as the case may be, challan referred to in rule 9.  for payment of service tax sub-rule (1) of Rule 6 reads as follows:

 

“(1) The service tax shall be paid to the credit of the Central Government, -
(i)      by the 6th day of the month, if the duty is deposited electronically through internet banking; and
(ii)    by the 5th day of the month, in any other case,
immediately following the calendar month in which the payments are received, towards the value of taxable services :
Provided that where the assessee is an individual or proprietary firm or partnership firm, the service tax shall be paid to the credit of the Central Government by the 6th day of the month if the duty is deposited electronically through internet banking, or, in any other case, the 5th day of the month, as the case may be, immediately following the quarter in which the payments are received, towards the value of taxable services :
Provided further that notwithstanding the time of receipt of payment towards the value of services, no service tax shall be payable for the part or whole of the value of services, which is attributable to services provided during the period when such services were not taxable :
Provided also that the service tax on the value of taxable services received during the month of March, or the quarter ending in March, as the case may be, shall be paid to the credit of the Central Government by the 31st day of March of the calendar year.”.

 

Thefore it is clear you can take credit only when you make payment fot Service and service tax thereon. At the same time you have to make payment on the due dates after you realise the payment for services whether after providing service or in advance.

 


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