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Service Tax Exemption to Small Service Providers, Service Tax

Issue Id: - 116942
Dated: 5-1-2021
By:- KALPESH BHATT
Service Tax Exemption to Small Service Providers

  • Contents

Dear All,

In FY 2014-15 Taxable value of service is less than ₹ 10 Lakhs and in FY 2015-16 it is ₹ 11.20 Lakhs. Hence in FY 2015-16 service tax is payable on ₹ 1.20 lakhs only. Is this correct?

Can you please provide relevant Sections/Rules and Notifications in relation to above.

I have received SCN stating that in F Y 2015-16 tax is payable on entire ₹ 11.20 Lakhs instead of ₹ 1.20 lakhs.

Also can you please explain how to reply online in respect this matter.

Thanking You,

Kalpesh

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Showing Replies 1 to 4 of 4 Records

1 Dated: 5-1-2021
By:- KASTURI SETHI

Sh.Kalpesh Bhatt Ji,

Reply is as under :-

1. Service Tax is payable only on taxable value of ₹ 1.20 lakhs and NOT on the whole amount of ₹ 11.20 lakhs because you are entitled to threshold exemption limit of Rs. Ten lakhs in the year 15-16 also.

Go through relevant clause of Notification No.33/12-ST dated 20.6.12 which is as follows:-

Provided that nothing contained in this notification shall apply to,-

(viii) the aggregate value of taxable services rendered by a provider of taxable service from one or more premises, does not exceed ten lakh rupees in the preceding financial year.

The word, 'preceding' makes it crystal clear that you are entitled to small scale exemption of ₹ 10 lakhs in 15-16. There is not even an iota of doubt about this entitlement.

2. There must be email ID of the SCN issuance authority in the SCN (at the top of SCN). You can email reply to the SCN citing the above clause.The word, 'preceding' should be emphasized.

I suggest that you must read the SCN word for word very carefully. In my view, the department cannot commit such mistake.

Anyhow, if your query is correct, ST is payable only on taxable value of ₹ 1.20 lakh and not on the value of ₹ 11.20 Lakhs.


2 Dated: 5-1-2021
By:- KALPESH BHATT

Thank You So Much Sir.

Kalpesh


3 Dated: 5-1-2021
By:- KALPESH BHATT

Hello Sir,

In SCN they stated that Income of ₹ 10 Lakhs has been suppressed deliberately and therefore tax is payable on it.

Can you guide on suitab;e reply?


4 Dated: 10-1-2021
By:- Ganeshan Kalyani

The use of certain words by authority is to invite you to the dept to provide clarity. If regular words are used then one may not pay that much heed to it and may take it lightly. So, not to get panic.


1

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