St on security guard services
This query is : Open
29 December 2015
Hi All
The Invoice sent by a partnership Firm (A ) wid ST No. to a (B) Pvt. Ltd. co. for Security guard for Nov. 2015
1. ST is Charged @ 3.625% by A. is it right since the Security guard services falls under FRCM w.e.f.1/4/2015, where A should have charged ST @14.5%.
2. what will be its implications. on B
3. is B liable to pay 75% ST liability
kindly Reply
thnx
preet
The Invoice sent by a partnership Firm (A ) wid ST No. to a (B) Pvt. Ltd. co. for Security guard for Nov. 2015
1. ST is Charged @ 3.625% by A. is it right since the Security guard services falls under FRCM w.e.f.1/4/2015, where A should have charged ST @14.5%.
2. what will be its implications. on B
3. is B liable to pay 75% ST liability
kindly Reply
thnx
preet
30 December 2015
As you already mentioned that w.e.f. 1-4-2015 there is Full RCM on Security service. As per Me 'B' have to pay 14.5% service tax on bill amount and nothing have to pay to 'A' in the name of Service Tax.
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30 December 2015
thnx, but what about the bills from April 2015 to Nov 2015, do i have get them corrected???? where i have already paid the ST @ 25% charged by A.???? do i have pay the St @75% from April to Nov.???????? what is the solution?????????
30 December 2015
now A has to bill me only on basic price or which amount under FRCM??????
30 December 2015
can you share your contact no.need to ask further
30 December 2015
The liability under Service Tax Law is 100% on B. If A is wrongly charged Service tax then still Your liablility exists. Pay entire service tax at applicable rate and bill can be revised for better presentation in books.
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31 December 2015
A has charged @ 25% in the Invoice which is paid By B, is still B is liable to pay 100%????? can party A claim refund for ST paid ??????? can B recover the Interest & penalty for non filing of return from A??????
kindly reply
kindly reply
31 December 2015
YES THE B HAVE TO STILL PAY ITS LIABILITY OF SERVICE TAX WHICH IS 100% ON TRANSACTION
A CAN TAKE REFUND OR ADJUST IN OTHER LIABILITY
A CAN TAKE REFUND OR ADJUST IN OTHER LIABILITY
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31 December 2015
can B recover the interest & penalty on ST, since A has done the wrong billing?????? but even B was not aware!!!!! who is responsible for for interest & penalty ??????
thnx
preet
thnx
preet
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