Should i pay st when turnover is <10l but i do have a st #?

Hi,

I run an brand promotions company which is a Limited Liability Partnership firm. We have obtained our service tax number but have not crossed the 10 lakhs turnover for the last financial. 

Taking advise from a known friend who is in the same field, we have been billing our clients with the service tax charged on our mangagement fees. For example if our cost of execution happens to be Rs.1,00,000 we charge a management fee of 10% which is Rs.10,000. We charge Service tax on 10,000 which comes to Rs.1030. So our total billing amount would be 1,11,030/-

Now the service tax department is asking us to pay the department by calculating the service tax on the whole amount i.e 10.3% of 1,10,000/- which means Rs.11,330 - 1030 = 10,300 as dues.

For whatsoever service tax, we have charged the clients, we have been paid the department and have filed the returns as well.

Kindly let me know since we have still not crossed the 10 lakhs amount, can we justify our stand, that we are not liable to pay service tax since we are under the threshold limit and for whatsoever amount we have charged the client, we have paid the department.

Looking forward for your valuable help.

Regards

Vijay

Replies (4)

Cost of execution of the work cannot be deducted because service tax is leviable on gross value, however cost of the material used in providing the service can be deducted in terms of notification 12/2003-ST

 

Raksh*t Verma

gross value includes all consideratios received. Notification No.12/2003 allows deduction of cost of materials used in providing the service.

 

Raksh*t Verma

Dear Raksh*th,

Thank you for your valuable reply. Kindly let me know that, since we have not crossed the threshold limit of 10 lakhs, are we still liable to pay the dues as raised by the department.

Thanks once again.

Regards

Vijay

Either one avails Small Scale exemption or pay Service Tax from Re.1.   There is no option of pick and choose.  So if collect service tax from one customer you have charge for alland pay Service Tax to the Government.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 27 October 2026
semi-qualified CA

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Final

View Details
Company
Featured 07 November 2026
Paid Assisstant

DPV & Associates

Chennai

CA Inter

View Details
Company
12 November 2026
Auditor

Oz Taxation

Vijayawada

Graduate (Any)

View Details
Company
ARTICLESHIP 14 November 2026
Articleship Assistant

B Thejas and Associates

Bengaluru

CA Foundation

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
13 November 2026
Chartered Accountant - Fresher

Neeraj Bhagat & Co

New Delhi

CA

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
ARTICLESHIP 23 October 2026
CA Articleship / Article Assistant

M N Rao & Associates LLP

Vijayawada

CA Inter

View Details