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Regarding liability for payment of service tax

Mahavir (Student) (161 Points)

28 March 2014

We have provided some services to a company on 22nd March. For the service we have not raised the invoice yet neither have we received any payment from them.

We will be raising the invoice in April'14.

My query is whether we need to pay the service tax on the service provided in the FY 2013-14 or in the FY 2014-15 when the invoice will be raised.

Thanks in advance:)

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7 Replies

Harendra Kumar (Tax Advisor ) (1326 Points)
Replied 29 March 2014

Sir,

You are eligible paying duty when you business turnover is more than 10 lakhs. Otherwise you not have to pay service tax.

Arun Kumar Singh (GST Advocate) (15188 Points)
Replied 29 March 2014

Point of taxation shall be the earlier of the two events:

1. the time when the invoice for the service provided or to be provided is issued or

2. when the person providing the service, receives a payment.

Akshay Garg (Indirect tax trainee) (457 Points)
Replied 29 March 2014

atleast not in march as invoice or payment date whihever is earlier in your case would be applicable. So service tax shall be paid afterwards....

S SAMPATH (CA Job) (38 Points)
Replied 30 March 2014

As per point of taxation rule

if the payment is received before raising invoice then irrespective of raising invoice, service tax is payable.

further as per point of rule- invoice has to be raised with in 14 days from the completion of taxable services

Akshay Garg (Indirect tax trainee) (457 Points)
Replied 31 March 2014

Dear Sampath please FYI 14 days condition was changes to 30 days....

DINU SUKUMAR (Audit Manager) (176 Points)
Replied 01 April 2014

In this case you can pay ST during 2014-15.

Vishal Gupta (CA) (59 Points)
Replied 01 April 2014

If invoice is raised within 30 days of completion of service(22nd march) then point of taxation shall be the date of invoice (ST liability will arise in 2014-15). But if the invoice is not raised within 30 days from completion of service(22nd march), then date of completion of service shall be taken as point of taxation(ST liability will arise for 2013-14)