Regarding SBC

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..... Regarding SBC
Query (Issue) Started By: - Mangesh khedkar Dated:- 30-12-2015 Last Reply Date:- 1-1-2016 Service Tax
Got 5 Replies
Service Tax
Dear sir, I have given contract to security agency (company) & vendor raised bill month of November 2015 with invoice date 30 Nov. 2015 but vendor charge Swachh Bharat Cess on only 16 days service value. hence please suggest it is correct or no .....

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..... t. Reply By YAGAY AND SUN: The Reply: Point of taxation: As Cess is a new levy and is applicable on all taxable services, Rule 5 of Point of Taxation Rules, 2011 will apply. The impact vis-à-vis the point of taxation is tabulated as under: Event Applicability of Cess Payment received prior to November 15, 2015 and Invoice issued prior to November 15, 2015 No Payment received prior to N .....

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..... ovember 15, 2015 and Invoice issued within 14 days of levy (i.e. before November 29, 2015) No Payment received prior to November 15, 2015, services provided on or after November 15, 2015 and invoice issued after November 29, 2015 (after 14 days of levy) Yes Payment received, services provided and invoice issued on or after November 15, 2015 Yes Reply By Ganeshan Kalyani: The Reply: In my view s .....

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..... ince invoice is raised after 29th November the SBC shall be on entire invoice amount and not only for some period. How can you segregate the invoice amount when it has not been specifically given in point of taxation rule. I welcome experts opinion in this respect. Reply By MARIAPPAN GOVINDARAJAN: The Reply: Vendor has to pay SBC for the full invoice amount. It is my opinion. Reply By KASTURI SE .....

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..... THI: The Reply: I endorse the views of both Sh.Ganeshan Kalyani, Sir and Sh.Marriapan Govindarajan, Sir inasmuch as in this case payment has been received after 15.11.2015 and invoice has been issued after 29.11.15 (after crossing 14 days, counted from 15.11.15) and Service has been provided before and after 15.11.2015. Therefore as per Point of Taxation Rule SBC is to be paid on whole amount of .....

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..... invoice. Reply By Ganeshan Kalyani: The Reply: Thanks Sir.
Discussion Forum - Knowledge Sharing .....

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