Service tax

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Under Point of taxation rules,

we are a provider of security service and service bill of march 2012 is billed on 01.04.2012.  what is the rate of ST to be charges whether it is 10.3 or 12.36%.  The proceeds of which will be received with in 20 - 25 days.

Pls.

Thanx in advance.

Replies (15)
You need to charge 12.36% because invoice is raised in April and you will receive the money also in April or MAy... Thanks Mihir doshi

If the invoice date is on or after 1st april rate should be 12.36%. Agree with mihir ji

As per point of taxation you need charged service tax 12.36%. not 10.3%.

Thanks

As per POT Rules

Tax Rate 12.36 % should be chaged Bcoz invoice issued on 1-4-12 and payment also received after 1-4-2012

Reli interesting to note here, that if the invoice was not issued on 1st April,2012 & 14 days had elapsed (now 30 days by virtue of FA 2012)  from the date of completion of service, then POT in this case would have been the date of completion of service, i.e 31st March, 2012

AND..

the ST Rate would have been 10.3%. :) Furthermore, the due date of deposit of Tax for the month/Quarter ending MArch is 31st MArch itself, thus payment of the same at a later date would have attracted interest @ 18% (15% in case T/O in prev year <60 lacs) also.

Regards

Pratul

If we Raise Invoice or Receive Payment After Changing In Rate of Tax we will be Paid tax at Changed Rate...

You should remeber only one thing if invoice is making before 31.03.2012 so in that conditon service tax will be charge 10.3% if after the same then 12.36%

 

Dear Sir.

As per Rule 4 (a) of Point of Taxation rules, 2011, where taxable service has been provided before the change in effective rate of tax, the point of taxation shall be the date of Invoice or the date of receipt of payment, whichever is ealier.

In your case the taxable Service of Security was provided, before the change of effective rate of tax (effective rate of tax was changed from 01/04/2012  and the service was provided till 31/03/2012), the tax rate applicable on the date on which invoice was prepared. In this case invoice was prepared on 01/04/2012, effective rate of tax 12.36 % would be applicable.

Needless tp refer the date of payment, as it would be received only after 01/04/2012 and you had also mentioned that you would receive payment lateon i.e after the issue of Invoice.

DILIP DARJI.

 

what is the rate of ST to be charged in the may 2012 exam ??? 10.3 or 12.36% ???

for may 12 it is 10.3%

If the invoice is created on April then rate will be 12.36%.

Chandhini Viswanatha

You don't worry what rate  will you charge in the exam of may

becasue when any question will come related to service tax. it will be clearly mentioned in the question what rate you will charge

Thanks & regards.

I think ST rate will be 12.36% in your case ..but if you want save some money of ur client...raise back-dated invoice in your system dated 31March...and collect ST at old rate..!!! 

@ atul.. Firstly ST is an indirect tax, and thus it shall not be borne by the ''assessee'' himself.. So the question of saving money does not arise.. Secondly, as i had also pointed out earlier, the due date for deposit of ST for the month/ quarter ending march is 31st March. So doing as per your recommendation would attract penal interest @ 18%.. Kindly giv ur reply a second thought. Regards Pratul


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