We are a advertising company. Can any one ask for the Service Tax of the last 3 years!!
If we pay it can we avail its input in the paying year???
Can we decline to pay ????? Any consequenses??
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 02 April 2009
Originally posted by :kamlesh | ||
" | We are a advertising company. Can any one ask for the Service Tax of the last 3 years!! If we pay it can we avail its input in the paying year??? Can we decline to pay ????? Any consequenses?? |
" |
Dear Kamlesh,
The service providers who have not charged the servicetax in previous years may not have the legal right to charge the same in future unless the contract has the saving clause. Normally for you as you can avail the credit for the past year without diffiuclty you may accept to avil the credit for the past year based on a specific bill which indicates the same ( his registration number should be there on the bill + copy of registration certificate) Then you may pay based on utilisation. If you are not availing credit then you should contact an advocate for the validity of demand by supplier of services.
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 02 April 2009
Off course yes. And the liability will come with interest and penalty.