Wednesday, November 16, 2011

SERVICE TAX RATE CHART SERVICE TAX PAYMENT DUE DATE


on Wednesday, November 16, 2011

6.1 In case of Individuals or Proprietary Concerns and Partnership Firm, service tax is to be paid on a quarterly basis. The due date for payment of service tax is the 5th of the month immediately following the respective quarter ( in case of e-payment, by 6th of the month immediately following the respective quarter). For this purpose, quarters are: April to June, July to September, October to December and January to March. However, payment for the last quarter i.e. January to March is required to be made by 31st of March itself. ( Refer Rule 6 (1) of Service Tax Rules, 1994)

6.2 In case of any other category of service provider other than specified at 6.1 above, service tax is to be paid on a monthly basis, by the 5th of the following month ( in case of e-payment, by 6th of the month immediately following the respective month). However, payment for the month of March is required to be made by 31st of March itself. ( Refer Rule 6 (1) of Service Tax Rules, 1994)

6.3 Service tax is to be paid to the Central Government in respect of service deemed to be provided as per the rules framed. ( Refer Rule 6 (1) of Service Tax Rules, 1994)

6.4 The facility of e-payment of service tax has been introduced with effect from 11.05.2005. From 1st April, 2010 e-payment of service tax has been made mandatory for the assessees who have paid service tax of Rs.10 Lakhs (cash+ cenvat) and above during the last financial year or who have paid service tax of Rs.10 Lakhs (cash + cenvat) and above during the current financial year. The e-payment shall be made only in designated banks by 6th day of the following month. (Refer Rule 6 (1) & (2) of Service Tax Rules, 1994) {List of Banks, authorized to accept e-payment is given in para 12)

6.5 The assessee is required to deposit the amount of service tax in the designated banks through GAR-7 challan. (Refer Rule 6 (2) of Service Tax Rules, 1994) ( Assessees may contact jurisdictional office for details of the designated banks.)

6.6 While depositing the service tax, the appropriate ‘account head’ pertaining to the particular service category should be mentioned on the challan. The correct accounting heads have been given in the table showing the ‘List of Services’ in para 1.3.

6.7 If the assessee deposits the amount of tax liable to be paid, by cheque, then the date of presentation of the cheque to the designated bank would be treated as the date of payment of service tax. (Refer Rule 6 (2A) of Service Tax Rules, 1994)

6.8 Where an assessee has issued an invoice, or received any payment, against a service to be provided which is not so provided by him either wholly or partially for any reason, or where the amount of invoice is renegotiated due to deficient provision of service, or any terms contained in a contract the assessee may take credit of such excess service tax paid by him, if the assessee:- a) has refunded the payment or part thereof, so received for the service provided to the person from whom it was received or b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice has been issued ( Refer Rule 6 (3) of Service Tax Rules, 1994)

6.9 The assessee can opt for provisional payment of service tax in case he is not able to correctly estimate the tax liability. In such a situation he may request in writing to the jurisdictional Assistant / Deputy Commissioner for the same. ( Refer Rule 6 (4) of Service Tax Rules, 1994). 6.10 Service tax ( including interest, penalty, refund) is to be rounded off to the nearest rupee. 50 paise or more should be rounded off to the next rupee and less than 50 paise should be ignored. ( Refer Board’s Circular No.53/1/2003 dated 11.03.2003) 6.11 Any person who has collected any sum on account of service tax, is under obligation to pay the same to the Government. He can not retain the sum so collected with him by contending that service tax is not payable. ( Refer section 73A of the Finance Act, 1994.) Any person providing taxable service to any person shall pay service tax at the rate specified in Sec.66 in such a manner and within such period as may be prescribed. (Sec.68 of the Finance Act, 1994) The table below shows the rate of service tax applicable at the relevant period of time.


The table below shows the rate of service tax applicable at the relevant period of time.

Sr.No.
Period
Rate of Service Tax
Rate of Education Cess
Rate of Secondary & Higher Education Cess
1.
Till 13.05.2003
5%
Nil
Nil
2.
14.05.2003 to 09.09.2004
8%
Nil
Nil
3.
10.09.2004 to 17.04.2006
10%
2% of the S.T.
Nil
4.
18.04.2006 to 31.05.2007
12%
2% of the S.T.
Nil
5.
01.06.2007 to 23.02.2009
12%
2% of S.T.
1% of S.T.
6.
From 24.02.2009
10%
2% of S.T.
1% of S.T.


Service Tax return period for Financial year 2012-13 First half yearly period has been reduced to 01.04.12 to 30.06.2012 and due date remains the same 25.10.2012. For More details read the link.