Service tax payment due date as per latest amendments

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Hiiiii members.....

Please clarify me about the latest amendments in Service Tax payment i.e. payment on invoice or on provision basisi instead of receipt basis.....

 

Pls. also clarify me whether there is any exceptions for practicing Chartered Accountants...

Thanks.

Replies (3)

Please read the article (on point of taxation by Mr. V S Datey) at following link:

https://dateyvs.com/sez_steel.htm

 

Please refer to The Point of Taxation Rules, 2011 as amended:

 

Rule 3 has been amended to provide that the point of taxation shall be as follows:

 

(a)        Date of invoice or payment, whichever is earlier, if the invoice is issued within the prescribed period of 14 days from the date of completion of the provision of service.

 

(b)        Date of completion of the provision of service or payment, if the invoice is not issued within the prescribed period as above.

 

The applicability of the rule will be clear from the illustrations in the following table:

 

 

 

S. No.

Date of completion of service

Date of invoice

Date on which payment recd.

Point of Taxation

Remarks

 

1.

 

April 10, 2011

 

April 20, 2011

 

April 30, 2011

 

April 20, 2011

Invoice issued in 14 days and before receipt of payment

 

2.

 

April 10, 2011

 

April 26, 2011

 

April 30, 2011

 

April 10, 2011

Invoice not issued within 14 days and payment received after completion of service

3.

April 10, 2011

April 20, 2011

April 15, 2011

April 15, 2011

Invoice issued in 14 days but payment received before invoice

 

4.

 

April 10, 2011

 

April 26, 2011

April 5, 2011 (part) and

April 25, 2011

(remaining)

April 5, 2011

and

April 10, 2011 for respective amounts

Invoice not issued in 14 days. Part payment before completion, remaining later

 

The requirements  are not all practicable and will result in needless harrassment to business people


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