DUE DATE

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Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2010 Please state the due date of deposit of service tax?

CA Sanat Pyne

CA Sanat Pyne (Expert)
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08 August 2010 If assessee is an individual, proprietorship or a partnership-firm, then service tax has to be deposited quarterly, i.e., April-June, July Sept, Oct.-Dec, Jan-March, by 5th of the next months (6th in case of e-payment) after ending of quarter.

If assessee is other than an individual, proprietorship or partnership-firm, then service tax has to be deposited on monthly basis by 5th of next months (6th incase of e-payment).

Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2010 Thank you sir, but How to calculate the due date if due date is a holiday?

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CA Sanat Pyne

CA Sanat Pyne (Expert)
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08 August 2010 If due date holiday then next working day will be assumed as due date.

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Querist : Anonymous

Querist : Anonymous (Querist)

08 August 2010 If a person deposits his tax on due date by cheque , but cheque is realized after the due date. Does it treated as late payment of service tax ?

CA Sanat Pyne

CA Sanat Pyne (Expert)
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08 August 2010 When a person deposits the challan GAR-7 by cheque on or before the due date but cheque is realized after due date, then in such a case the date of presentation of cheque (and not the date of realization) shall be considered as the date of payment, thus in such a case there is not penalty for late payment

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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08 August 2010 But last quarter / month payment has to be made on 31st March and not 5th/6th of next April.
Ref:- 3rd proviso of rule 6(1) of Service tax Rules,1994.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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08 August 2010 As far as Service tax is concerned the position is very much clear .As per service tax rules 1994 rule 6 (2A) if the service tax has been deposited through cheque than the date of presentation of cheque to the bank will be deemed date of payment .so for service tax rule is clear.

rule is reproduced hereunder
"(2A) For the purpose of this rule, if the assessee deposits the service tax by cheque, the date of presentation of cheque to the bank designated by the Central Board of Excise and Customs for this purpose shall be deemed to be the date on which service tax has been paid subject to realization of that cheque."

other important points regarding payment of service tax

1.If last date is a holiday - If last day of payment and filing return is a public holiday, tax can be paid and return can be submitted on next working day - CBE&C circular No. 63/12/2003-ST dated 14-10-2003.
2.IF payment of service tax made through internet/net banking on or before 8.00pm will be treated on same day and payment made after 8.00 pm will be treated /deemed to be made on next working day.for online payment service tax rules provide one day extra than normal due date.

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