Service Tax Liability

Dear All

I have a query relating to service tax. Given below is a case study.

Company A raises a bill of Rs 20, 00,000/ dated 01.07.2010 on its subsidiary Company B  and charges service tax @ 10.3% for Rs 2,06,000/- ( Total Bill Amount of Rs 22,06,000 ). Company B recognizes the expense for Rs 20, 00,000/-, service tax input of Rs 2, 06,000/- and also deducts TDS @ 2% for Rs 44,120/- on 01.07.2010 ( since TDS to be deducted at the time of payment or credit whichever is earlier)

Company A also recognizes the TDS receivable of Rs 44,120 in the month of July 2010.

Now Company B makes the final payment of the bill net of TDS for Rs 21, 61,880/- on 01.08.2010 to Company A.

Query:         

Whether the output service tax liability for Company A arises wholly in the month of August for Rs          2, 06,000 /-

OR

Rs 4120/- in the month of July (on the basis of TDS recognized viz 44120/110.3*10.3) and Rs 201880 ( on the basis of balance receipt viz 21,61,880/110.3*10.3 ) in the month of August thereby totaling to Rs 2,06,000/-

Please advice whether the second alternative is acceptable or not under the relevant tax laws.

Replies (2)

actual payment is received in august so the service tax liability accures in aug only, 

TDS entry is book entry not the actual payment entry. 

i agree with Mr. sharma

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