Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Discussions Forum
Home Forum Service Tax This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

Point of taxation, Service Tax

Issue Id: - 3975
Dated: 29-3-2012
By:- hema baldi

Point of taxation


  • Contents

Hello

Under the existing Point of Taxation Rules, 2011, Point of taxation for a CA firm is on receipt basis.

There is a change in effective rate of tax from 10.3% to 12.36%.

As per the proposed amendments and notification no. 4/ 2012 dated 17th March 2012, cash basis is available for assessees having taxable turnover of less than 50 lakhs.

My query is what is the effective rate of tax applicable when

1. service is rendered by the CA before March 31, 2012 and

2.invoice is raised before March 31, 2012 and

3. the payment is received after April 5, 2012

For above purposes, please consider the taxable turnover of CA firm as exceeding 50 lakhs per annum.

Awaiting replies

Posts / Replies

Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 31-3-2012
By:- R.S. Mangal

Pl refer the following recent circular which will clarify 

Circular No.154/5/2012 – ST Dated: 28th March 2012

Subject: - Clarification on Point of Taxation Rules - regarding.     

1.     Notification No.4/2012 - Service Tax dated the 17th March 2012 has amended the Point of Taxation Rules 2011 w.e.f. 1st April 2012, inter- alia, amending Rule 7 which applied to individuals or proprietary firms or partnership firms providing taxable services referred to in sub-clauses (g), (p), (q), (s), (t), (u), (za) and  (zzzzm) of clause (105) of section 65 of theFinance Act, 1994. Rule 7 determined the point of taxation in such cases as the date of receipt of payment. The provisions have been amended both in the Point of Taxation Rules 2011 and the Service Tax Rules 1994 such that from 1st April 2012 the payment of tax shall be allowed to be deferred till the receipt of payment upto a value of Rs. 50 lakhs of taxable services. The facility has been granted to all individuals and partnership firms, irrespective of the description of service, whose turnover of taxable services is fifty lakh rupees or less in the previous financial year.

2.     Representations have been received, in respect of the specified eight services, requesting clarification on determination of point of taxation in respect of invoices issued on or before 31stMarch 2012 where the payment has not been received before 1st April 2012.

3.     The issue has been examined. For invoices issued on or before 31st March 2012, the point of taxation shall continue to be governed by the Rule 7 as it stands till the said date. Thus in respect of invoices issued on or before 31st March 2012 the point of taxation shall be the date of payment.

4.     Trade Notice/Public Notice may be issued to the field formations accordingly.

5.     Please acknowledge the receipt of this circular. Hindi version to follow.

 


2 Dated: 2-4-2012
By:- hema baldi

Dear Sir

In view of the clarificatory circular issued, should  the rate of 12.36% be applied. Kindly clarify.


3 Dated: 2-4-2012
By:- R.S. Mangal

Here in specified services of CA, since the service has been rendered before March,12 and bill has also been raised, the tax rate would be 10.3%, and point of taxation for deposit of tax will however be from the date of receipt of payment.


Page: 1

Old Query - New Comments are closed.

Quick Updates:Latest Updates