Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Swachh Bharat Cess on Royalty Service Tax payment

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear Sir, Please explain whether Swachh Bharat Cess will leviable on Royalty Service Tax payment under Import of Services for Service receiver for the period Oct - Dec 2015 If yes then please also explain how to calculate such Swachh Bharat cess by deducting from R D Cess or not.Please give us any references regarding this ,Thanks regards. - Reply By KASTURI SETHI - The Reply = Pl.intimate .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the date of invoice and date of payment made. However, relevant extract of FAQs issued by CBEC in Nov.,15 is appended below:- Q.12 How will the SBC be calculated for services under reverse charge mechanism? Ans. In case of reverse charge under section 68(2) of the Finance Act, 1994 , the liability has been shifted from service provider to the service recipient. As per section 119 (5) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the Finance Act, 2015 , the provisions of Chapter V of the Finance Act, 1994 , and the rules made thereunder are applicable to SBC also. Thus, the reverse charge under section 68(2) of the Finance Act, 1994 , is made applicable to SBC. In this context, to clarify, Government has issued notification No. 24/2015-Service Tax dated 12th November, 2015 to provide that reverse charge under .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... notification No.30/2012-Service Tax dated 20th June, 2012 shall be applicable for the purpose of levy of Swachh Bharat Cess mutatis mutandis. Q. 19 How would liability be determined in case of reverse charge services where services have been received prior to 15.11.2015 but consideration paid post 15.11.2015? Ans. In respect of reverse charge mechanism, SBC liability is determ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ined in accordance with Rule 7 of Point of Taxation Rules , as per which, point of taxation is the date on which consideration is paid to the service provider. Thus, SBC liability in such case will be 0.5% X Value of taxable service. Q.20 Does a person providing both exempted and taxable service and reversing credit - Reply By CS SANJAY MALHOTRA - The Reply = Appropriately answered by Sh. K .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... asturi ji. - Swachh Bharat Cess on Royalty Service Tax payment - Query Started By: - SANDESH SHINDE Dated:- 25-1-2016 Service Tax - Got 2 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

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates