TMI BlogSBC ON SERVICE PROVIDED BEFORE 15.11.2015X X X X Extracts X X X X X X X X Extracts X X X X ..... RESPECTED MEMBERS OF TMI, WHETHER SBC NOT APPLICABLE ON ALL CASES , WHERE SERVICE IS PROVIDED BEFORE 15.11.2015 IRRESPECTIVE OF DATE OF PAYMENT AND DATE OF ISSUE OF INVOICE ?? I CAN NOT GET CLARITY FROM RULE 5 OF POINT OF TAXATION RULES .. THANKS.... - Reply By KASTURI SETHI - The Reply = Dear Hardik Thackar Ji, Solution to your problem is availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in the article dated 9.11.2015 written by Sh. M.Govindarajan and in the article dated 10.11.2015 written by Sh.Ashish Chaudhary. Kindly go through both the articles which solve all problems pertaining to SB Cess. - Reply By Rajagopalan Ranganathan - The Reply = Sir, As per the answer provided to Question No. 15 of FAQ dated 16.11.2015 issued by CBEC ,- in cases where payment has been receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and invoice is raised before the service becomes taxable, i.e. prior to 15th November, 2015, there is no liability of Swachh Bharat Cess. In cases where payment has been received before the service became taxable and invoice is raised within 14 days, i.e. up to 29th November, 2015, even then the service tax liability does not arise. Swachh Bharat Cess will be payable on services which are pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vided on or after 15th Nov, 2015, invoice in respect of which is issued on or after that date and payment is also received on or after that date. Swachh Bharat Cess will also be payable where service is provided on or after 15th Nov, 2015 but payment is received prior to that date and invoice in respect of such service is not issued by 29th Nov, 2015. In your case the service was provided prior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to 15.11.2015. If you have issued the invoice on or before 29.11.2015 no SBC is payable. - Reply By Ganeshan Kalyani - The Reply = The following table depicts the applicability of Swachh Bharat Cess in the transition period. Service provided Invoice Issued Payment made Effective rate of tax Before 15.11.2015 After 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.11.2015 After 15.11.2015 New Rate Before 15.11.2015 Before 15.11.2015 After 15.11.2015 Old Rate Before 15.11.2015 After 15.11.2015 Before 15.11.2015 Old Rate After 15.11.2015 Before 15.11.2015 After 15.11.2015 Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w Rate After 15.11.2015 Before 15.11.2015 Before 15.11.2015 Old Rate After 15.11.2015 After 15.11.2015 Before 15.11.2015 New Rate - Reply By hardik thacker - The Reply = Sir, As per Clarification / FAQs issued by CBEC, the SBC is new levy and accordingly Rule 5 would be appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icable. The rate structure mentioned in table is as per rule 4 , which would be apply in case of change in rate of service tax . Please clarify the issue - Reply By hardik thacker - The Reply = Respected Sethi Sir, M. Govindrajan Sir's article is before of clarification issued by CBEC. Sir had suggested rate structure as per rule 4 . Rajgopalan Sir's answer is seems sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfactory. - SBC ON SERVICE PROVIDED BEFORE 15.11.2015 - Query Started By: - hardik thacker Dated:- 17-11-2015 Service Tax - Got 5 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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