TMI BlogRCM ON RENT A CAB-regardingX X X X Extracts X X X X X X X X Extracts X X X X ..... Sir, We have taken hiring vehicle service via tender. Service provider (individual) has ST Code and turn over 10 lac. He has issued an invoice (Claiming 50% ST liability on his part) as under:- Base Amt = 18000 ST 7% = 1260 SBC.25% = 45 ________________ Total Rs. = 19305/- Now do we need to pay 50% Service Tax to ST Authority after payment of this bill ? How much ST, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e service provider will have to pay ? - Reply By PAWAN KUMAR - The Reply = Dear Sir, As per my view, the service provider has not claimed abatement in his bill and charged the service tax on full value. As per S.No.7(b) of Noti.No.30/2012-ST dated 20.06.2012 amended by Not.No.10/2014-ST dt. 11.07.2014 effective from 01.10.2014, the ratio between the service provider and service receiver i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 50% each as per which you need to pay the remaining 50% amount of service tax i.e. 1260/- and swachh bharat cess i.e.45/-. The same amount of service tax i.e.1260/- and swachh bharat cess i.e. 45/- will be paid by service provider. - Reply By MARIAPPAN GOVINDARAJAN - The Reply = I endorse the views of Shri Pawan Kumar. - Reply By RAVI ANJARA - The Reply = Sir, THANKS A LOT Can we ask the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service provider to claim abatement in his bill so that the ST Liability may be reduced and if so, how the above bill format should be ? - Reply By KASTURI SETHI - The Reply = Sh.Ravi Anjara Ji, You are required to discharge your own Service Tax liability ( due to you) irrespective of the fact that Service Provider has paid in excess. You are not to suffer because of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mistake committed by Service Provider. In case Service Provider has paid Service Tax in excess, he has to either apply for refund or self-adjust in the next month or quarter, (whatever the case may be) and reflect in ST-3 return. Remedial measure is to be taken by him. - Reply By Ganeshan Kalyani - The Reply = The provider is individual I.e. one condition is fulfilled but whether the receiver (q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ueriest) is a company or not, it is not mentioned in the query. Further I agree with the reply of Pawan Kumar about liability. And I strongly support the views of Kasturi Sir about the compliance part. Thanks. - Reply By RAVI ANJARA - The Reply = The service receiver is a PSU - Reply By RAVI ANJARA - The Reply = DO WE NEED TO GET ANY DECLARATION/ASSURANCE FROM SERVICE PROVIDER FOR SERVICE TAX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PAYMENT ON HIS PART ? - Reply By Ganeshan Kalyani - The Reply = In my view PSU is not mentioned in reverse charge notification. Hence the receiver should pay full service tax. I request experts to share their view after considering queriest post dated 01.01.2016. Thanks. - RCM ON RENT A CAB-regarding - Query Started By: - RAVI ANJARA Dated:- 31-12-2015 Service Tax - Got 8 Replies - Service Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 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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