Invoice of car hire service provider - 30/2012

Service Tax (Legacy) 1064 views 7 replies

Friends

I believe the undermentioned topic is being widely discussed everywhere these days under new service tax applicability regime.

We have received car hiring for passenger service from a proprietorship entity registered with Dept. The invoice reads as follows:

Basic value                                                                   729

service tax --  12.36% on 40%                                     36    (means the SP uses abatement provisions)

Total payable                                                                765

My understanding is that pursuant to notification 30/2012 under partaial reverse charge mechanism, we pay to Govt. Rs 36 ie 100%  as service receiver and deduct this amount while paying to SP in addition to applicable TDs under Income Tax Act 1961.

Am I correct.

Regards,

Replies (7)

Friends and Experts

Any responses please.

Regards,

Friends

Any feedback please.

Regards,

Sir,

 

The Service Tax which is to be paid by the service receiver is in addition to the amount charged by the service provider. This is not required to be deducted from the amount payable to the service provider.

 

It is your liability to pay the service tax. The service provider is not liable for your portion of service tax.

 

This is not in the nature of TDS, where in you deduct the tax and remit to the government.

 

This is an additional liability of the service receiver, which has to be paid by service receiver itself and later on can be taken as CENVAT credit.

Thanks Ganeshji for your clarification. It is indeed well expalined.

Regards,

The reverse charge mechanism challans are to paid by cahs and can be used as cenvat documents for adjusting the same in the output tax, provided such services are in relation to your output service. For other points, CA Ganesh Karthik has already explained.

Friends,

Service tax is applicalble for Office rent, Advertisement, and Professional fee Please help me regarding this.

 

You have to pay to the party Rs. 729 minus applicable TDS.  You have to remit st of Rs. 36 to the department under RCM.


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