Service tax limit applicability

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Hi,

I have a client who is into export of IT services and not required to charge service tax. However, recently he has started providing services to Indian companies and is required to charge service tax. Does the limit of Rs. 10 Lacs applicable specifically to Indian revenue or to the overall revenue?

Replies (9)

Total Taxable income of service Tax 10 Lac.

Provison tells about taxable service only. Other exempted or non taxable to be excluded for computaoin of Rs.10 Lacs

& the exemption of ten lakhs is available every year if you have not crossed the taxatble ten lakh limit in the previous year. If you cross the ten lakhs limit this year, then you cannot avail the exemption for the next year. Thus every years exemption availability is based on previous years turnover. The turnover in the previous year decides whether you can avail exemption this year.
 

Regards,
Rahul Gupta

 

The definition of  ' aggregate value not exceeding ten lakh rupees ' says that ' the sum total of first

consecutive payments received during a financial year towards the gross amount, as

prescribed under section 67 of the said Finance Act, charged by the service provider

towards taxable services till the aggregate amount of such payments is equal to ten

lakh rupees but does not include payments received towards such gross amount

which are exempt from whole of service tax leviable thereon under section 66 of the

said Finance Act under any other notification. 

Agreed with above replies........thanx CCI Members

I fully agree with Rahul Gupta. It is the taxable services only that determine the turnover for arriving at basic exemption limit.

The export of taxable services as per the export of service rules 2005 are to be excluded form the calcuation for arriving at the 10 lakhs value of taxable services.

However it maybe examined whether the cenvat credit on inputs, input services and capital goods is not significant as the same are eligible fro credit. Further it maybe confirmed that the customer/ client is OR is not in position to avail the credit.

At times it makes sense to register before the limit has been reached.

sir plz help me i am software engineer. and provide web solution services to outside india, my gross receipt(in us dollar) is above 10 lakhs so service tax applicable for me?

Yes Mr Vinay...Service Tax is applicable to you.

Darshak sir, pls. give me the reason for applicabliity of service tax because export of service exempted from ST as per Service tax rule 2005

 


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