vasudha sharma (CA) (28 Points)
14 July 2008When is the liability to service tax arises? If services have been rendered by the service provider but he hasn't received the payment for the services rendered, will he be liable to make payment of service tax?
And similarly if advance payment is received but services will be rendered at a later date, when is he liable to pay the service tax?
CA Chaitanya
(PRACTISING CA)
(4283 Points)
Replied 14 July 2008
Liability to service tax arises only on receipt of the amount for services rendredd or to be rendered. Which means even for advance receipt of amount service tax has to be paid.
Dilip Darji
(392 Points)
Replied 14 July 2008
As per Section 67, w.e.f 16/06/2005,a person is liable to pay service tax as soon as the consideration towards the taxable services is received..This indicates that through services have been provided but the consideration has not been received, there is no liability to pay service tax.
An Explanation(3) to Section 67, clarifies that the gross amount charged for the taxaber serviceshall include any amount received towards the taxable services received before during or after provision of such service. This indicates, service tax liabilty is created towards advance payment and service are not provided.
ADISH
(CHARTERED ACCOUNTANTS)
(20 Points)
Replied 01 December 2008
| Originally posted by :vasudha sharma | ||
| " | When is the liability to service tax arises? If services have been rendered by the service provider but he hasn't received the payment for the services rendered, will he be liable to make payment of service tax? And similarly if advance payment is received but services will be rendered at a later date, when is he liable to pay the service tax? |
" |
CA O.P. SINGH
(O P Singh & Co.)
(426 Points)
Replied 02 December 2008
IF YOU DONT RECEIVED PAYMENT FOR SERVICE RENDERED THEN YOU NEED NOT TO DEPOSIT SERVICE TAX TO DEPT SINCE ITS PAYABLE ON ACUAL RECEIPT OF MONEY.
IF ADVANCE PAYMENT IS RECEIVED THEN YOU HAVE TO PAY SERVICE TAX ON THE AMOUNT RECD ASSUMING IT IS INCLUDING SERVICE TAX.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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