When i have to pay service tax?

Respected Erudite Chartered Accountants 

Greetings from Marudhar Arts, A Leading Auction House registered under the name of www.marudhararts.com where we sell antique coinages and vintage collectibles under the same name.

We generate two invoices; one is a Performa invoice which is like a rough draft or quotation intimating the prospective BIDDER / WINNER that he is supposed to pay the stipulated amount to receive the goods along with the tax invoice which is given when the customer has cleared his total dues usually accompanied with the product.

We get payments from our customers anywhere between Day 1 and Day 45, we would like to know as to when are we liable to pay the Service tax, when a Performa invoice is generated or when an actual tax invoice is generated

If we pay Service tax before we receive the actual amount?

I believe it shall be very difficult to maintain business operations since we are actually paying Service tax before we receive the actual amount from the customers.

Please advise me as to the best possible course of action.

Thanking You

Yours Sincerely

Rajender Maru

Replies (5)
If your business is buying and selling, service tax does not arise. In case your sale is on commission basis, service tax will be applicable. Please explain about your mode of business.

Sir

Many thanks for your kind reply. Sir we are conducting Auctions both online and floor and also we do sale fixed price.

My request that when we have to pay the S. Tax.

On the date which the Auction compleated or the day on which we recived the payment from winner / Bidder (Buyer)?

Regards

Maru

What do yo mean by S tax - Service tax or sales tax?

Service Tax?

Invoice issued date or amount received date whichever is earlier

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