Service tax threshold exemption

In F. Y. 2010 - 11 the turnover a CA firm was Rs. 14,50,000 /- , i.e. , no threshold exemption was available in F. Y. 2011 - 12. Thus, the CA firm charged service tax on every invoice raised in F. Y. 2011 - 12.

 

However, the gross amount of  Invoice raised / Receipts in F. Y. 2011 - 12 was less than Rs. 10,00,000 /-, the CA firm became entitled to avail threshold exemption in F. Y. 2012 - 13.

 

Now, in F.Y. 2012 - 13, the CA firm did not charges service tax on invoices raised by it and the gross receipts till September is Rs. 10,50,000 /- which includes a sum of Rs. 3,00,000 /- in respect of invoices raised in F. Y. 2011 - 12 and on which service tax was charged from the clients and the said amount of service tax was duly deposited at the time of such Receipt.

 

My question is that now since the gross receipts has gone above Rs. 10,00,000 /- :

01. Whether the amount of Rs. 3,00,000 /- received alongwith service tax in respect of which the invoice was raised in F. Y. 2011 - 12 would form part of total receipt for the calculation of the threshold exemption of Rs. 10,00,000 /- ?

02. Whether the CA firm is required to pay the service tax on Rs. 50,000 /- by back calculation ? ; and

03. Whether such payment of service tax would not amount to double taxation since out of the receipt of Rs. 10,50,000 /- service tax on Rs. 3,00,000 /- has already been paid ? 

 

Replies (1)

Hey Somnath

Term used in Notification 33/2012 is " exempts taxable services of aggregate value not  exceeding ten lakh rupees in any financial year"

So the limit of 10 Lakhs is applicable to Taxable Services provided and not on amount received.

 

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