Ssi exemption in case of reverse charge

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how a persone can be exempted in Reverse charge being a SSI ( turnover less than Rs 10 lakhs) ?

and as per Notification No. 33/2012

"Provided that nothing contained in this notification shall apply to,-

(i) taxable services provided by a person under a brand name or trade name, whether registered or not, of another person; or

(ii) such value of taxable services in respect of which service tax shall be paid by such person and in such manner as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules,1994. "

as per my understanding Rs. 10 Lac Exemption is not applicable for those who are covered US 68(2)

Notification for reverse charge  Notification No. 30/2012-Service Tax is issued In exercise of the powers conferred by sub-section (2) of section 68 of the Finance Act, 1994 (32 of 1994)

which is as under

68(2) Notwithstanding anything contained in sub-section (1), in respect of such taxable services as may be notified]8 by the Central Government in the Official Gazette, the service tax thereon shall be paid by such person and in such manner as may be prescribed at the rate specified in section 9[66B] and all the provisions of this Chapter shall apply to such person as if he is the person liable for paying the service tax in relation to such service:
Provided that the Central Government may notify the service and the extent of service tax which shall be payable by such person and the provisions of this Chaptershall apply to such person to the extent so specified and the remaining part of the service tax shall be paid by the service provider.

 

please see the details & provide your viwes regarding this.Thanks in advance.

Replies (4)

Whether a recipient of services, turnover up to 10 lakh exempt from service tax in reverse charge method.

nothing contain in notification 33/2012 is applicable to such value of taxable services in respect of which service tax shall be paid by such person and in such manner as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules,1994.

notification 33/2012 is notification for SSI exemption

and sec 68(2) is about Reverse Charge.

also read notification no 25/2012 point no 6( Why department give ten lac limit spesificly)

Please read both and deside.

 

The benefit of SSI Exemption/Threshold Exemption of Rs. 10 Lacs given under Notification No. 33/2012 is available only to the service provider and NOT to the Service Receiver.

This exception is clearly mentioned in the notification itself as quoted by Mr. Tayal.  Further, at Point 2 of the said notification, which provides the various conditions for availing the exemption, the intention is crystal clear as all the conditions refers only to the 'PROVIDER of taxable service'.

Mr. Arun should recheck and confirm.

Regards,

tax2001-it @ yahoo.com

Dear Manoj Ji,

Sorry for wrong advise.

No exemption where service tax is payable under Reverse Charge. However the above exemption shall not be available to the person made liable to pay service tax under the reverse charge method. 


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