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Service tax due date

Milan Agrawal (Chartered Accountant) (207 Points)

22 August 2013

Dear all,

Transporting Charges for the month of November'2012.

Invoice date - 02.12.2012.

Payment date - 07.12.2012.

What will be the due date of payment of Service Tax?

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7 Replies

DIBYENDU (SERVICE) (266 Points)
Replied 22 August 2013

Service Tax payment date 5th -Jan-2013 (6th -Jan- 2013 if e-payment)

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Manoj Agarwal (Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com) (3456 Points)
Replied 23 August 2013

YES... in this case, as per Rule 7 of Point of Taxation Rules, 2011 as amended, the date of payment is the POT and hence due date for payment of tax shall be 06/01/2013 for E payment, otherwise 05/01/2013.

srishti kumari (Chartered Accountant) (28 Points)
Replied 24 August 2013

Yes the due date for payment in this case would or 5th Jan(manually) or 6th Jan if (e-payment), provided the invoice for the above service is issued within 15 days from the completion of the service.

Thankyou

Regards

Srishti Kumari

Milan Agrawal (Chartered Accountant) (207 Points)
Replied 26 August 2013

Service has been provided for the whole month but invoice has been raised at the end of month i.e. invoice for the month of november has been raised in december. Hence, the invoice issued on 02.12.2012 includes the entire services provided in the month of november'2012 i.e. from 01.11.2012 to 30.11.2012.

srishti kumari (Chartered Accountant) (28 Points)
Replied 26 August 2013

Yes....then the due date shall be as mentioned above.

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Milan Agrawal (Chartered Accountant) (207 Points)
Replied 26 August 2013

Thanx a lot for the valuable replies.

Further, 1 more query is there, is it applicable in case of Renting of Immovable property also?

E.g. if a building is rented for the month of november, we deposit the service tax within 06.12.2012. Is it ok or we shall check the date of invoice/date of payment etc.?

srishti kumari (Chartered Accountant) (28 Points)
Replied 28 August 2013

Yes , point of taxation also applies to the service of renting of immovable property. However , the The Point of Taxation for services which are in the nature of continuous services has a different rule.There are few services which have been notified as continuous supply of service vide Notification No. 28/2011-ST, dated 01.04.2011.,which doesn't include Renting of Immovable Property.However other services which are provided or to be provided continuously or on recurrent basis,under a contract, for a period exceeding 3 months are considered as continuous supply of service. In case of continuous supply of service where the provision of the service whether whole or part, is determined on completion of an event as per the contract which requires the receiver of the service to make payment(Amount mentioned in the contract) periodically shall be the date of completion of the provision of service.

Therefore , here in this case if this is a continuous supply of service, the point of taxation would be the date of completion of the month when the rent is required to be paid as per the Rent Agreement.