We are paying service tax under reverse charge of GTA. We had accounted invoice of freight in the month of April-16 and payment made in 27.06.16. Whether Krishi Kalyan Cess applicable in such case ?
C.A. Sandeep Wawhal (CA, PGDFM, BCom) (1831 Points)
04 July 2016We are paying service tax under reverse charge of GTA. We had accounted invoice of freight in the month of April-16 and payment made in 27.06.16. Whether Krishi Kalyan Cess applicable in such case ?
C.A. Sandeep Wawhal
(CA, PGDFM, BCom)
(1831 Points)
Replied 05 July 2016
But as per rule point of taxation for RCM is the date of payment.
Shubham Gupta
(Business Consultants)
(2077 Points)
Replied 05 July 2016
Point of taxation is determined on the basis of earlier of following events (Rule 3) :-
a) The time when the invoice for the service provided or to be provided is issued OR
b) Where the person providing the service, receives a payment
C.A. Sandeep Wawhal
(CA, PGDFM, BCom)
(1831 Points)
Replied 05 July 2016
This rule is not applicable for Reverse Charge Mechanism instead Rule 7 is applicable.
Shubham Gupta
(Business Consultants)
(2077 Points)
Replied 05 July 2016
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) NOTIFICATION No. 21/2016-Service Tax, New Delhi, the 30th March, 2016 G.S.R.---
(E).- In exercise of the powers conferred by clause (a) and clause (hhh) of subsection (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Point of Taxation Rules, 2011, namely :—
1. These rules may be called the Point of Taxation (Second Amendment) Rules, 2016.
2. In the Point of Taxation Rules, 2011, in rule 7, after second proviso, the following proviso shall be inserted, namely,– “Provided also that where there is change in the liability or extent of liability of a person required to pay tax as recipient of service notified under sub-section (2) of section 68 of the Act, in case service has been provided and the invoice issued before the date of such change, but payment has not been made as on such date, the point of taxation shall be the date of issuance of invoice.”.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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