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Issues under Service Tax Return vis-a-vis Corresponding GST Provisions

Goods and Services Tax - GST - By: - Anuj Bansal - Dated:- 7-8-2017 Last Replied Date:- 8-8-2017 - The day is not far when service tax return will be filed for the last time on 15th August, 2017 which is the due date for filing the last Service Tax return. But some things in life leave us in pain and so is the service tax return. Market is flooded with issues, queries and dilemmas for what to do and what not to do. Over here, effort is made to highlight few issues assessees are facing while fili .....

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e input tax credit then such increased credit will not be allowed as carried forward. One can only receive cash refund of the same. In case credit is reduced by any chance then that reduced credit in the revised return will be carried forward in GST regime. As per service tax provisions assessee can book credit upto one year from the date of issue of invoice. But such GST provisions are in contradiction with present CENVAT credit rules. How to deal with such kind of situation? Whether to book no .....

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rged on invoice and not Service tax. Payments under Reverse Charge Mechanism Another important issue is payments under Reverse charge which are related to services of pre GST regime but payments are made by the recipients who are liable to pay tax under RCM post GST. Now there is a legal dispute in this transaction, under the service tax regime the point of taxation under RCM is date of payment and provided if payment is not made within 3 months of the date of invoice, the point of taxation shal .....

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s followed the principal of paying taxes for the services in which they were liable to pay taxes under RCM before 30th June, 2017. Again dilemma arises that whether to pay service tax on such transactions post GST? If the assessee pays such service tax then he is legally incorrect and if he does not pay then neither the taxes were paid to government pre GST nor post GST. Again the question is what to do? What not to do? Now let s discuss few scenarios related to GST transition. Taxes paid Pre-GS .....

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ails. What if such invoices are not booked or not received within time and the assessee fails to record such transaction in his books? Is it not over ruling the provisions of service tax laws, for availment of credit upto one year from the date of issue of invoice? What about construction services where payment is made before appointed date and goods will be received let s say after 3 months of appointed date? Is this not total injustice on part of government? Upward / Downward revision of price .....

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