service tax exemption and input credit

Page no : 2

EKALABYA TALUKDAR (SERVICE TAX CONSULTANT) (666 Points)
Replied 26 September 2009

Originally posted by :mukund
" Q1 what is the meaning of turnover for service tax....
Q2 because do u need to register if total receipts exceed Rs. 9 lacs or bills raised by you exceeds Rs. 9 lacs?
Q3. Can the benefit to ssp be claimed in the following case
1st year                  800000
2nd year                 1200000
3rd year                  800000
4th year                   1200000
 fr the  4th year. 
"


 

Dear Sir.

 

Rs 10,00,000.00 (TEN LAKH) is mentioned to save the TYNE SCALE SERVICE PROVIDER to exempt from the Service Tax net. Say a Small "Beauty parlour" whose Turnover is less then Rs ten lakh for a year, NO PROBLEM if it is nither registered with Service Tax nor collect Service Tax. But in the same status a "Beauty parlour" has registration and collect Service Tax. The second one has to Deposit the Tax Amount to the Authority. No mercy for the Below Ten Lakh Amount turnover in a year.

 

If the second one wants to discontinue the collection of Service Tax  he has to surrender the Service Tax Registration and act like the first one.


EKALABYA TALUKDAR (SERVICE TAX CONSULTANT) (666 Points)
Replied 28 September 2009

Originally posted by :aasita
" My turnover is 1200000 that mean i have to pay service tax for 2 lakhs but will i be able to get credit for all the inputs and input services?
I think yes
"


 

WILL YOU PLEASE MENTION FROM WHERE YOU FIND : YOU HAVE TO PAY SERVICE TAX ON 2 LAKH.


EKALABYA TALUKDAR (SERVICE TAX CONSULTANT) (666 Points)
Replied 28 September 2009

DEAR Mr ANIL K

 

DEALERS AND MANUFACTURER ARE REGISTERED WITH EXCISE
 

 

SERVICE PROVIDERS ARE REGISTERED WITH SERVICE TAX AUTHORITY. UNTILL AND UNLESS REGISTERED WITH SERVICE TAX AUTHORITY, YOUR CLIENT CAN NOT ASK FOR "SERVICE TAX"

 

YOU CAN CLAIM CENVAT CREDIT FROM EXCISE AND OR SERVICE TAX WHICH EVER IS CONVENIENT FOR YOU


Satish (CA Final Student) (479 Points)
Replied 28 September 2009

Mr. Mukund,

For the purpose of exemption, Gross receipts are counted & not the gross billing. So the turnover means the gross receipts.

Secondly, If the gross receipts exceed 9 lakh, then the person has to get registered under service tax law. Gross billing is immaterial.

Answer to your 3rd question -

1st year       800000  - Benefit is available provided the gross receipts of the immediately preceding previous year did not exceed 10,00,000.

2nd year    1200000 - benefit available upto Rs. 10 lakh. Service tax is payable on 200000

3rd year      800000 - Service tax is payable right from first rupee. The benefit is not available.

4th year    12,00,000 - same as in 2nd year.



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