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A Ltd. receives taxable services frm BLtd. of USA on 28-8-2013 for 6L.B Ltd raises invoice on 5-9-2013.A Ltd makes payment on 6-1-2014.Plz do guide what is point of taxation ,
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05-09-2013
As per POT rule if invoice is issued within the time specified in Rule 4A (i.e 30/45 days)
POT will be the date at which invoice is issued.
If invoice is not issued within the time limit specified than POT will be date of compilation of services.
Dear Divya,
I am of the different view.
Since the service provider is situated outside the taxable service, service tax shall be payable by service receipient of service under reverse charge machnism i.e. A ltd in your case and the POT shall be 6/1/14 i.e. date of payment.
Regards
Dharmesh
Rule 10 of POT shall be applicable. Since invoice is raised in proper time. The POT becomes the date of payment if paid within 6 months of date of invoice.
Hence in your case, the date is 06-01-2014.
It is a case of RCM.....Rule 10 shall apply and POT will be 06-01-2014
Due date of tax payment will be 06-02-2014
It is a case of RCM.....Rule 10 shall apply and POT will be 06-01-2014
Due date of tax payment will be 06-02-2014
I agree with Mr. Samyak & Mr Shourabh.
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