Service tax with vat

Queries 1068 views 6 replies

hi sirs,

Please explain the following …

Basic Value    100,000
VAT 70% of Basic value Rs: 70,000/- @ 14.5%      10,150
Service Tax 70% of Basic value Rs:70,000/- @ 12.36% Rs:8,652/-and Share 35%Party & 35%Bill Receiver.   
for this Rs:8,652 @ 50% (Input Service Tax)         4,326
Total Bill Value Rs:    114,476

 

based on above transction not matched 100% it comes 105%.. Is correct means how to made entry & please update related amendment.
Replies (6)

Dear Suresh,

 

Please clarify with regard to 105%. I could not understand your query.

thanks for your action, like VAT 70% and Service Tax 35%. = 105% 

The aforesaid calculation seems correct from Service tax perspective.

 

The vendor seems to have considered 70% of the net amount (may differ from State to State) as value of goods. Thus, charged VAT on 70% value.

 

Further, under Service Tax Law, it seems that the contract is considered as works contract. It further seems that the vendor is a non-body corporate i.e., individual, firm, etc. and you are a body corporate. Thus, the vendor would charge Service tax @ 12.36% on 70% of the value, 50% of which is payable by you.

 

Please refer to the following calculation –

Sr. No.

Particulars

Amount (Rs.)

I

Net Invoice Value

100,000

II = I x 14.5%

VAT @ 14.5% x 70%

10,150

III = I x 70% x 12.36%

Service tax @ 8.652% (i.e., 12.36% on 70% value)

8,652

 

 

 

 

Note : Please note that if service provider is a non-body corporate i.e., Individual, HUF, Firms, etc. and service recipient is a body corporate, then 50% of the Service tax is required to be paid by the service recipient under reverse charge mechanism.

 

 

 

 

IV = III x 50%

Service tax payable by service provider

4,326

 

 

 

V = I + II + IV

Total amount charged in the invoice

114,476

 

 

 

 

Dear Suresh,

 

The percentages of 70% for VAT and 70% for Service Tax are fixed to ascertain the component of Service and Supply in the transaction and as such, we cannot derive the converse by stating that the base value is increased to that extent. If that would be the case, as you said, the base should be 70+70 = 140.

 

But that is not what is intended. It only means that for the purpose of VAT, 70% of the value represents supply and for the purpose of Service Tax, 70% of the value represents service. These provisions are framed considering that the assessee is unable to ascertain the individual components of supply and service and thus, composition scheme is chosen. If the assessee is able to separate them, then this method is not applicable.

 

Entries for the same would be as follows:

          Descripttion                                       Amount Rs.                 Amount Rs.

Debit Expense A/c (Value of Service)                  100,000

Debit Expense (VAT Portion - Input Credit              10,150

is not available in composition)

Debit Service Tax Input Credit account (Total 

Service Tax)                                                        8,652

Credit Supplier/Service provider                                                                           1,14,476

Credit Service Tax payable A/c (Reverse charge)                                                                               4,326

 

 

Please refer to Notification No. 24/2012 - ST and 30/2012 - ST, for information on the amendment.

Dear sirs.. thanks for your attention.. how can made entry in Tally.. details given below.

   Basic Value Rs     823,315
 70%of Basic Value Rs:576,321/-.   VAT 14.5%       83,566
 35%of Basic Value Rs:288,160/-.   ST 12.36%       35,616
   Transport          5,000
       947,497

 

 

   DR   CR 
 Total Bill Rs       947,498
 VAT Basic Value 70%     576,321  
 Input Tax 14.5%       83,566  
 ST Basic Value 35%     288,160  
 Input ST 12.36%       35,617      
 Freight          5,000  
     988,664    947,498

not tally above entry... so please tell me again...

 

My friend,

 

The difference is because you are artificially breaking one transaction into two. Pass consolidated entry, wherein the net value would remain the same i.e., 823315, create a new VAT head namely, VAT @ 14.5% on 70% - add 83,566/- to it and create a new Service tax head namely, Service tax @ 8.652% on 50%- add Rs.35,617/- and at the end charge Rs.5000 to transportation.

 

This is the only way to pass the entry. If you break Rs.823315 artificially into 70% and 35%, then there would always be an excess of 5%, (i.e., 41167, exactly the same difference in your table) which is incorrect.

 

I hope this clarifies the doubt.


CCI Pro

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