Liability of service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2014 sir a mobile recharge distributor is liabile for service tax on recharge through mobile or commisiion received from recharge or avtivate on mobile no.

Jitendra Panwar, FCA

Jitendra Panwar, FCA (Expert)
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26 September 2014 NO Service Tax Liability.

As the same is exempted under mega exemption notification 25/2012-ST dated 20-06-2012.

CA Devanand Jethanandani

CA Devanand Jethanandani (Expert)
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26 September 2014 What is your query ??

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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02 August 2024 In the context of service tax and its applicability to mobile recharge distributors, it is crucial to understand how service tax is levied on various aspects of their business activities. Here’s a detailed breakdown:

### **1. Understanding the Business Model:**

**a. **Mobile Recharge Distributor:**
- **Activities Involved:** Mobile recharge distributors typically engage in recharging mobile phones or activating mobile services. They may earn income from commissions received for recharges or activations.

### **2. Applicability of Service Tax (Pre-GST Regime):**

**a. **Service Tax on Commission Income:**
- **Commission Income:** If the distributor earns commission for recharging mobile numbers or for activation services, this commission income is generally considered as a fee for services rendered. Under the service tax regime, commission received for such services is subject to service tax.

**b. **Service Tax on Mobile Recharge:**
- **Direct Recharge:** For the distributor directly recharging mobile numbers, service tax was typically not applicable on the actual recharge amount paid by the consumer. The recharge amount is considered a pass-through expense.

### **3. Transition to GST:**

**a. **Impact of GST (Post-July 1, 2017):**
- **Service Tax Subsumed:** Service tax was subsumed into Goods and Services Tax (GST) from July 1, 2017. Under GST, the taxation rules and compliance requirements have changed.

**b. **GST on Commission Income:**
- **Applicability:** GST is applicable on commission income earned by mobile recharge distributors. The rate of GST applicable depends on the nature of services and applicable GST rules.
- **Rate of GST:** Typically, the GST rate on commission for services is 18% (9% CGST + 9% SGST) unless otherwise specified.

**c. **Recharge Transactions:**
- **No GST on Recharge Amount:** The GST is not applied to the actual recharge amount paid by the customer. The recharge amount is a pass-through cost and not subject to GST. However, the commission or fee earned by the distributor for providing the recharge service is subject to GST.

### **4. Practical Considerations:**

**a. **GST Registration:**
- **Threshold Limit:** If the annual turnover exceeds the threshold limit (Rs. 20 lakhs, or Rs. 10 lakhs for special category states), the distributor is required to obtain GST registration.
- **Compliance:** Ensure proper GST registration and compliance with filing requirements for the commission income.

**b. **Invoicing and Reporting:**
- **Invoicing:** Issue GST-compliant invoices for the commission income and maintain proper records.
- **Filing:** Regularly file GST returns, including the details of taxable services and GST collected.

### **Summary**

- **Service Tax (Pre-GST):** Commission income earned by mobile recharge distributors was subject to service tax, but the recharge amount itself was not.
- **GST (Post-July 1, 2017):** GST is applicable on commission income from recharge services. The recharge amount paid by the customer is not subject to GST, but the commission earned is.
- **Registration and Compliance:** Register for GST if turnover exceeds the threshold and comply with GST reporting and invoicing requirements.

For precise guidance tailored to your situation, especially in complex cases, consulting with a tax advisor or professional is recommended.