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POT of KKC

Service Tax - Started By: - Sanjay Aggarwal - Dated:- 27-5-2016 Last Replied Date:- 7-12-2016 - Dear Sir, Please advise me, whether Point of Taxation of KKC will be goveren by Rule 4 or Rule 5 of Point of Taxation Rule 2011 ? - Reply By MARIAPPAN GOVINDARAJAN - The Reply = Rule of 5 of POT - Reply By Rajagopalan Ranganathan - The Reply = Sir, Rule 5 of Point of Taxation Rules, 2011 states that - Where a service is taxed for the first time, then,- (a) no tax shall be payable to the extent the inv .....

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the case of new levy of KKC rule 5 of Point of Taxation Rules, 2011 is applicable. - Reply By PAWAN KUMAR - The Reply = Dear Sir,As per my understanding, the Point of taxation would be as under :1.The Krishi Kalyan Cess shall be applicable on all services as similar to Swachh Bharat Cess on the services provided or agreed to be provided on or after 01.06.2016, the invoice for which is also issued after that date and payment is also received after that date.2.Further Krishi Kalyan Cess shall not .....

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d prior to 01.06.2016 but the payment for such service is made after 01.06.2016, Krishi Kalyan Cess will be leviable. - Reply By Ganeshan Kalyani - The Reply = Sir, Krishi Kalyan Cess is a new levy and therefore Rule 5 of Point of Taxation Rules, 2011 is applicable. The scenarios of applicability in transition period is explained by Sri Pawan ji. Thanks. - Reply By KASTURI SETHI - The Reply = The essence of the replies of all experts is same. Sh.Pawan Kumar has nicely explained and that too in s .....

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to state in this reference that as per notification 21/2012 dated 30.03.2016 In the Point of Taxation Rules, 2011, in rule 7, after second proviso, the following proviso shall be inserted, namely,- Provided also that where there is change in the liability or extent of liability of a person required to pay tax as recipient of service notified under sub-section (2) of section 68 of the Act, in case service has been provided and the invoice issued before the date of such change, but payment has not .....

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नी अपनी . With due regards to Sh.Piyush Aggarwal Ji, I differ with him on the issue. Notification No.21/16-ST dated 30.3.16 is not applicable here. This talks of 'change' regarding shifting of liability or change in the percentage under RCM. For new levy, Rule 5 of POTR is here. Hence I go with Sh.M.Govindarajan, Sh.Ranganathan, Sh.Pawan kumar & Sh.Ganeshan Kalyani Sirs. - Reply By Ganeshan Kalyani - The Reply = Sir, yes sir rule 5 of POTR is appli .....

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POT shall be the date immediately following the said period of 3 months. d) In case of associated enterprises , where the person providing the service is located outside India, POT shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier. e) In change of liability for service receiver, in case service has been provided and the invoice issued before the date of such change, but payment has not been made as on such d .....

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indarajan, Sh.Ranganathan, Sh.Pawan kumar & Sh.Ganeshan Kalyani view are correct.Rule 5 overrides Rule 7 and POT for service receiver will be Date of payment. Pawan sir was correct. - Reply By KASTURI SETHI - The Reply = Sh.Piyush Agarwal Ji, Keeping in view of our past exchange of views on various contentious issues through email as well as on this forum of TMI, I have really high opinion of you. With your divergent view on this issue, I was taken aback and I remained somewhat tense deliber .....

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