Assistant Manager
76 Points
Joined May 2009
According to the Point of Taxation Rules,2011 teh liability to pay service tax ariseson the occurence of service provided/ invoice issued/ payment received, which ever is earlier. The following table will make it clear:
|
Sl. No.
|
Service Provided on
|
Invoice Issued on
|
Payment Received on
|
Point of taxation
|
|
1
|
7th July, 11
|
10th July, 11
|
10th Aug, 11
|
7th July, 11
|
|
2
|
7th July, 11
|
5th Apr, 11
|
10th Aug, 11
|
5th Apr, 11
|
|
3
|
7th July, 11
|
5th May, 11
|
5th Apr, 11
|
5th Apr, 11
|
|
4
|
7th July, 11
|
5th Apr, 11
|
10th Apr, 11
|
5th Apr, 11
|
Hence, irrespective of the fact that you have received the payment in November 12, the service tax has to be paid in accordance with the date of invoice(assuming that service was provided after that date), i.e, on 5th/6th of june, as the case may be.
For now, you should revise your return and pay the tax along with the interest to mitigate future litigations.