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POINT OF TAXATION FOR NEW SERVICES

Service Tax - By: - Dr. Sanjiv Agarwal - Dated:- 13-8-2015 - The objective of Point of Taxation Rules, 2011 is to systemize and harmonise the rules in relation to point of taxation of services. Point of Taxation Rule 2(e) defines point of taxation as the point in time when a service shall be deemed to have been provided. This will be determined as per Point of Taxation Rules 2011. The determination of point of taxation shall be crucial to determine the timing of service tax liability and the app .....

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he payment received against such invoice before such service became taxable and no tax shall be payable if the payment has been received before the service becomes taxable and invoice has been issued within the period referred to in Rule 4A of the Service Tax Rules, 1994. For such services, the contract between service provider and receiver will be important as the point of taxation is dependent on such agreement. In case of continuous supply of service and periodical billing (like weekly, month .....

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rge method under erstwhile section 66A of the Finance Act, 1994, the date of receipt of invoice or date of making the payment was to be the point of taxation. Where any advance is received for the continuous supply of service, the point of taxation was to be date of receipt of such advance. However, w.e.f. 1.4.2012, vide Notification No. 4/2012-ST, dated 17.4.2012, Rule 5 has been substituted to provide that where a service is taxed for the first time, then - (a) no tax shall be payable to the e .....

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