Service tax

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I HAVE TWO QUESTION ABOUT SERVICE TAX. MY FIRST QUESTION IS IN CASE OF PROVIDING SECURITY SERVICE WHO IS RESPONSIBLE TO DEDUCT THE SERVICE TAX WHETHER SERVICE PROVIDER OR SERVICE RECEIVER? AS PER THE NOTIFICATION NO. 07/2015 THE 100% SERVICE TAX ON MANPOWER PROVIDING SERVICE OR SECURITY SERVICE WILL BE REVERSED.KINDLY CLARIFY HOW IT WILL BE REVERSED.ALSO LET ME KNOW IF SERVICE RECEIVER IS AN INDIVIDUAL AND HE IS UNABLE TO PAY THE SERVICE TAX, THEN WHAT WILL BE THE IMPACT? MY SECOND QUESTION IS IF ANY SERVICE PROVIDER HAS TAKEN REGISTRATION FROM SERVICE TAX AUTHORITY BUT HIS PRESENT TURNOVER IS BELOW 10 LACS, IN THAT SITUATION WHETHER HE HAS TO COLLECT & PAY THE SERVICE TAX OR NOT?
Replies (5)
  1. Under Reverse Charge mechanism, service receiver is required to pay service tax. This is applicable if services are provided by individual/HUF/firm/AOP to a business entity.
  2. In case of security services, service receiver is liable to pay 100% of service tax (if covered under the above provisions).
  3. For discharging liability of service tax under reverse charge mechanism, exemption of INR 10 lacs is not applicable and the person liable to pay ST on RCM is required to get registered within 30 days from the date of liability.

Hope this is clear.

Yes, as rightly mentioned by Poornima, the burden of RCM is only applicable on business entiies not on Individuals.

And any individual would be laible to pay Service tax only if he crosses 10lakhs limit, however if the person has mistakenly or knowingly collected the service tax amount in his bill even though he is below 10 Lakhs, he has to pay the same to Government.

 

What about if service receiver is an LLP

Normally service receiver who is business entity shall discharge service tax under reverse charge method. Further Business entity includes those person who ordinally carrying out any activity relating to industry, commerce or any other business or profession. so if LLP is doing business then he is also liable to pay service tax under reverse charge method.

Normally service receiver who is business entity shall discharge service tax under reverse charge method. Further Business entity includes those person who ordinally carrying out any activity relating to industry, commerce or any other business or profession. so if LLP is doing business then he is also liable to pay service tax under reverse charge method.


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