Stax on receipt of payment invoice

Queries 702 views 2 replies

 

Service Tax Query

 

Dear friends we are a govt organization and do many govt projects and hence for some projects we are not able to pay service tax as it is govt project so there is no fixed receipt of payments this we are able to explain to our auditors be it cag or stax audit persons.

 

Now before me I am having a query.

We have started a new govt project wherein one party we are providing training to another party both parties are govt organizations and the training cost includes stax. Now in our agreement the stax is agreed, but as the payments from other party is very delayed sometimes we don’t mention stax in invoice we just prepare invoice including stax amount and on receiving the payment used to pass JV and split the tax amount from fees amount and pay stax. Now my senior is asking me to mention the stax in invoice, I am worried that if we book the stax now itself in tally then do  need to pay tax whether we receive it or not. As you see till now we never book stax until the payment is received only when payment is received we split the fees and stax a/c.

 

What is the ideal procedure as sometimes the payments come after 4-5 or even 8 months.

Replies (2)

As per point of taxation rules, service tax is to be paid on the occurrence of service provided/invoice raised/ payment received, whichever is earlier. The following table will make it clear: 

Sl. No.

Service Provided on

Invoice Issued on

Payment Received on

Point of taxation

1

7th July, 11

10th July, 11

10th Aug, 11

7th July, 11

2

7th July, 11

5th Apr, 11

10th Aug, 11

5th Apr, 11

3

7th July, 11

5th May, 11

5th Apr, 11

5th Apr, 11

4

 

7th July, 11

5th Apr, 11

10th Apr, 11

 

5th Apr, 11

Hence,

thanks priyanka, but if service is provided for one month i.e from 01st jul to 31 july then should we take end date as service provided on date ?

 

Also if point oftaxation date is 7th july 11 then do we need to pay stax on or before 5 aug 11.

 

In our Case

Service PRovided on: 01 oct to 31 oct 2012

invoice issued on : 05 nov 2012

payment recd on: not yet recd will take 2-3 more months.

Point of Taxation: ??????????????????      

Last date of Paying Stax on above invoice amt: ????????????????????

 

Please clarify.


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