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Small service provider exemption increased ???

Dinesh V (Audit Assistant) (131 Points)

17 March 2012

Small service provider exemption increased from Rs 10L to Rs 50L in the union budget 2012.??? is it true ... further can any1 give the details of the 17 heads of the negative list for service tax exemptions.

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7 Replies

Rajaram (CA Practice ) (46 Points)
Replied 17 March 2012

No.the exemption is same 10L

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Dinesh V (Audit Assistant) (131 Points)
Replied 17 March 2012

I tooo thought the same but when 2day ven i read TOI newspaper (Front Page right side 4th column) i got this dout ...

Check the below link

https://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&Basetarget='_blank' rel='nofollow' href=TOICH/2012/03/17&PageLabel=1&EntityId=Pc00113&ViewMode=HTML

Shewta (Accountant) (117 Points)
Replied 17 March 2012

Budget 2012 :(

Excise duty on large cars raised from 22 per cent to 24 per cent, Most luxury items, eating out, air travel, leisure activities will cost more, online etds software, Service tax rates hiked from 10 per cent to 12 per cent. Developers can access cheaper foreign loans and home buyers will get easier funding, thanks to a Credit Guarantee Trust Fund and more money going into the Rural Housing Fund, a scheme set up to provide rural housing refi nance. A tax rebate of 1% on housing loans up to Rs 15 lakh has been extended for another year. Low-cost homes stay out of the service tax net. via economictimes.indiatimes

Samkk (Analyst) (34 Points)
Replied 17 March 2012

Yes it is increased to 50 lakh

Divyang (CA) (34 Points)
Replied 19 March 2012

The Amendment is in Point of Taxation Rules i.e. Small Service Providers (less than 50 Lakh) can discharge service tax on receipt basis.

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Sunil (Trader) (2611 Points)
Replied 19 March 2012

The limit of 50 Lakhs is for Payment of service tax on receipts basis. Upto 10 lakhs exempted as per applicable conditions. 10-50 Lakhs you can pay once you receive the money in advance or after you provide the service. After 50 lakhs you pay service tax if you receive money in advance before providing the service. If you have not received money in advance, once you provide the service, irrespective of whether you receive payment from your client or not, you have to pay service tax. Once you cross 50 lakhs even if you have not received payment from a client you will still have to pay the service tax and next financial year also you will have to discharge the liability at time of provision of service or advance payment, whichever earlier whether you receive money or not.

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Gagan Agarwal (Manager) (207 Points)
Replied 21 March 2012

You should not rely on newspaper articles, they do not have any legal backing. Instead, reliance should be placed on TRUs which are released with the notificaitons and Bills. I am pasting the relevant extract of the TRU to settle any doubts:

"the small scale exemption has also been amended recognizing that the first clearances up to Rs 10 lakhs will be in terms of invoices and not mere payments received."

50 lakhs limit to determine Point of Taxation on the basis of payment

"The benefit available to individuals and firms to determine POT on the basis of date of payment for eight specified services is being extended to all services in a slightly modified form. The facility will be now available to individuals and partnership firms (including limited liability partnership) up to a turnover of Rs 50 lakh in a financial year provided the taxable turnover did not exceed this limit in the previous financial year. For computing the above limits, the turnover of the whole entity is required to be summed up and not any single registration "

Accordingly, the small scale exemption limit has not been increased. 50 lakhs is only to determine the POT in case of individuals and partnership firms.

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