Service tax

Gkannan (manager) (77 Points)

26 April 2012  

Dear all,

Case 1

There are some invoices in the customer account  and there are some receipts in the customer account which are not adjusted  against invoices,  further the dr. balance is more than the credit balance 

case 2

customer pays excess money than the invoice hence there is a  net credit balance in the account ,   which he may adjust when some invoice is raised at a future date hence the customer account shows a credit balance

As per service tax act  "advance money  received is subject to service tax "      

querry

our company classifies the above two as advance money  and  pays service tax on the credit balances in the customer account?

My contention is both are not advances for payment of service tax .     First case the credit balance if adjusted against the debit  there is no advance.     In the second case the excess money is a liability for the company and the money is to be returned to the customer hence no service tax is to be paid on the above two cases

Please quickly clarify whether my contention is correct or not

Regards,

G.Kannan