25 November 2013
I provided management consultancy services(ERP) to a Company , from 2006 and this continued till October 2008, when the Company discontinued my services. I had been Billing the company every month based on time basis. I did not receive any payment for few of my bills anounting to abt 7 to 8 lakhs from my Client. .So I did not pay the service tax dues on that also . I have filed a suit in the court against the client.. I would like to clarify the following points. 1.Do I have a liability to pay the service tax since I have not received the payments for the bills raised by me, from my client. 2.Do I surrender my registration and what happens if and when I receive the settlement From the court ? 3.I Have stopped my consultancy from 2008 November .Do I continue to file nil service tax returns ? If yes for how long?
25 November 2013
The period mentioned by you is upto October 2008 and you have stopped consultancy thereafter. Service tax payable was on receipt basis during this period and since you have not received service tax you need not pay. You can surrender your registration as you are not providing any services.