banner_ad

Service tax on retention money

Others 4857 views 5 replies
Hello, A bill for Works contract was raised inclusive of Service tax.Only 90% of bill value has been paid by the client,thereby keeping 10% as retention money.Now the doubt is on what amount do we have to deposit Service tax ie: 90% or the 100%.will the service tax on retention amount be paid when we receive the amount.plz do inform if there is any circular or notification or any case law for this.
Replies (5)

Dear Shailly,

Service tax follows cash (i:e receipt) basis except in case of transactions between Associated enterprise.

Therefore In present case Service Tax is payable on 90% of the invoice amount *(i:e what we have actually received)

and Service Tax on remaining 10% will be paid on receipt of the same.

i agree with amir......

Case laws :- CIT vs Shoorji Vallabhdas 46 ITR 144 283 ITR 295 and 283 ITR 297. The high court held that the retention money could be brought to tax only when actually received. Im also providing URL of the same for your reference. https://www.business-standard.com/india/news/tax-liabilityretention-money-after-receipt/257757/

sushmita, Shoorji judgment relates to income tax and not service tax

If we have received the exempt service and retained the money, should we disclose in the return inclusive of retention money or excluding it?


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
12 May 2026
Accounts Executive

Nafa Group

Mumbai

B.Com

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details