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Point of Taxtation Rules 2011

Queries 809 views 3 replies

Dear all

Under Rule 6 of the new Point of Taxation Rules, In case of continuous supply of service, the whole or part of which is determined or payable periodically or from time to time, shall be treated as separately provided at the date on which the payment is liable to be made by the service receiver, if such date is specified in the contract.. A Builder provided in his allotment letter/contract for payment of installments. Here, the allotment letter itself is the invoice and schedule of payment is prescribed in itself. Builder generally does not make any bill/invoice separately. As per the payment schedule, Rs. 2.00 should be paid within 15 days from 15.01.2011 and another Rs. 2.00 within 15 days from 15.03.2011. But the client paid both the installments, say, on 1/05/2011. In this scenario, whether the liability to pay tax arises on the date of receipt of payment i.e. 01/05/2011 or will it be treated as service provided as per Rule 3 of the said Rules and as such liability arises on 01/04/2011 i.e. date on which the new Rules come into effect?.

 

 

Regards

 

CS Saju Philip

Replies (3)

 

Whichever will be earlier whether you service render first or payment recd from customer. According to that you have to remit to the government. 

But as per the Rule 6, service shall deemed to have rendered on the date specified in the contract. The payments  were belonging to the existing period and not after 01.04.2011. Till 31.03.2011 liability arises only when payment received. Here my query is more related to  transition mechanism for the new Rules.

I would request the senior professionals to hlep me out. 

CS Saju Philip

 

"Nothing contained in these rules (i.e. Point of Taxation Rules, 2011) shall be applicable in case of invoices issued prior to the date from which these rules become effective (i.e. 1st April, 2011)."

Now that you have mentioned that the allotment letter itself is treated as an invoice and since this invoice was issued before 01.04.2011, I believe that these rules do not apply in this case and hence service tax in this case shall be liable to be paid on receipt basis only.

Any further suggestions on this matter would be appreciated. Plz correct me if i'm wrong.


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