Service Tax - When to remit tax ?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 March 2010 I have the following queriy w.r.t Service Tax:

Service Tax is payable on receipt basis. Say:

Amount (Rs) 100
Add: Service Tax(say) 12
Total Invoice 112
Less: TDS deducted(say) 10
Bank Receipt 102

In the above example, how much service tax should be remitted & when?
Like should the Company remit full service tax on receipt of Rs 102/- or else proportionately on the receipt of the Rs102/- & balance on receipt of TDS Certificate. I was basically worried as TDS certificates are received later.

Kindly provide your views(Please refer notifications/case if any)

Thanks & Regards
Ari

CA Ashok Kumar Sahu

CA Ashok Kumar Sahu (Expert)
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25 March 2010 when amt. received then within 5th day of next month company pay full service tax to department.

Vipin Gupta

Vipin Gupta (Expert)
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25 March 2010 You have to deposit complete service tax to the tune of Rs 12 by the 5th of the succeding month in which payment is received if you are a proprietor ship or partnership concern then tax has to be deposited quarterly.

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Querist : Anonymous

Querist : Anonymous (Querist)

26 March 2010 Do we have any case laws or notifications for the same?

Please refer the same if any

CA Ashok Kumar Sahu

CA Ashok Kumar Sahu (Expert)
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26 March 2010 you can check sec 68(1)of finance act and circular no. 97/8/2007-st dated 23/8/07