St-3 return for t/o less than 50 lacs

Queries 331 views 1 replies

Respected Member,

Since in PFY Service Turnover is below 50 lacs so i can pay service tax on the basis of receipt of payment basis.

Now in CFY in 1 st qtr my  service amounts to be 500000 & i have received this amount in july month means i have to pay this amount on or before 6 OCt  and i have actually paid on 4 th oCt amount 61800 [12.36%]

now my Ques is whether filing St 3 [Return] i have to show above amount in 3rd row [3rd prov to rule 6 of STR] or in 1st row [Service on the basis of invoice ] Quarter wise respectively in St -3

means i have to file amount according to invoice or accoring to amount received ignoring when invoice has been issued 

if i have file acc. to recceipt basis than whole 5 lac comes under 2nd qtr [Bcoz rec in July] & if i filed acc to invoice than in 1st qtr -5lac & un 2 nd qtr 3 lac.

 

 

Replies (1)

Firstly, you should had paid service tax of Rs. 55,002 on Rs. 5 Lacs by back calculating as the amount received is inclusive of service tax.

Secondly, show Rs. 5 Lacs under Row B1.3 which is the most specific head for the purpose. I fail to understand why it is mentioned in B1.3 that "...for which bills/invoices/challans or any other documents have not been issued.". A service provider must had issued bill for any service before it has received the payment or if bill was not issued, then the same is anyway 'Advance' payment received and hence taxable!!! Claim deduction of Rs. 55002 at Row B1.12 (Others) towards service tax so that net taxable value is Rs. 4,44,998/- and service tax thereon @ 12.36% = 55002.

Other views are welcome.


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