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SECURITIES,5,(MNP),2,(TDS)2007-08,1,`,1,01.07.12,23,01.09.2008,1,01.10.2012,2,06.07.2009,3,07.08.2012,1,1 PERCENT EXCISE ITEMS LIST,2,1 sep,1,1% excise,2,10 year nsc,7,10(10C),1,10(10D),1,10(11),1,10(12),1,1000 court cases judgements supplied to ITO,7,1000 rupee note,3,11-2008,1,11-2010,1,111A,2,130 items,1,14.08.2008,1,15 august,2,150 Rs coin,2,15g,14,15h,15,18-12-2009,1,192(1A),5,192A,2,194 I,3,194A,7,194c from 01.10.2009,7,194H,6,194j,15,194LC,3,194N,1,194q,2,1981-2007,2,2% cst,1,2% excise,1,2004,1,2008,1,2008-09 FY,1,2010,2,206AA,14,234A 234B 234C,10,234c interest calculator,11,234D,1,234E,16,234F,2,23AC,1,23ACA,1,23B,2,24C,3,24q annexure II,5,25 paisa coin,1,271(1)(c),5,271B,2,271H,4,272B,1,27A,1,280,5,280 challan,4,281,4,282,2,283,2,29 AUGUST,2,29.04.2010.,1,29/08/2008,2,29/2008 service tax,2,2g meaning use,1,3 idiots,1,30 MARCH,4,31st March,19,32-2010,1,33 of 2009,1,35(2AA),1,35(2AB),1,3CD,18,3g meaning use,1,40(b),4,43B,5,44 AB EXEMPTED INCOME,1,44AA,1,44AB AGRICULTURE,2,44AB 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broadband,1,bsnl broadband usage,1,bsnl land line sms alert,2,BSR CODES,3,BUDGET 2009,18,budget 2010,28,budget 2010-11,4,budget 2011,13,BUDGET 2012,38,budget 2013,17,BUDGET 2014,39,BUDGET 2014 CONTEST,6,budget expectations,8,BUDGET HIGHLIGHTS,11,budget live on computer,5,budget live telecast,5,budget notification,1,budget on tv,1,budget speech,16,BUDGET SPEECH DOWNLOAD,2,Budget-2014,2,Budget-2015,45,BUDGET-2016,71,budget-2017,28,BUDGET-2018,32,BUDGET-2019,22,BUDGET-2020,2,budget-2022,9,BUDGET-21,39,Budget-23,51,BUDGET08,5,BUDGET2018,1,Business,5,BUSINESS AND PROFESSION MEANING,1,BUSINESS COVERED UNDER 44ab,2,buy back,1,BUY HOUSE,4,C FORM,5,CA CAN ONLY AUDIT MVAT,4,CA CLUB INDIA,1,CA GIRISH AHUJA,3,CA NITIN GUPTA,5,CA PARDEEP JAIN,5,CA ROHIT GUPTA,4,ca services,3,CA sudhir Halakhandi,1,CA Swapnil Munot,15,CA Vikas Khandelwal,9,calculate arrear,1,CALCULATE NEW PAY,2,calculate your emi,4,calculation of tax on salary arrears,4,CALCULATOR,72,CALCULATOR REVISED,1,capital asset,4,capital 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etds,10,CORRECTION IN PAN DATA,8,correction in section,4,CORRECTION RETURN,6,CORRECTION RETURN.ETDS,7,cost accounting,5,cost audit,6,cost inflation index,20,cost inflation index 2012-13,2,COST INFLATION INDEX FY 2010-11,1,COST INFLATION INDEX FY 2011-12,1,COST OF INDEXATION CALCULATOR,5,court case in entry tax punjab,2,covid-19,3,cpc phone number,6,cpf,7,Credit card,25,CREDIT CARD BILL PAYMENT ICICI BANK,6,credit scores,8,cricket team,1,critical illness,1,CROSSED DEMAND DRAFT,2,CRR,14,crr reducred,1,cryptocurrency,1,CS DIVESH GOYAL,69,CST,12,CST 3% OR 2 %,3,cst act 1956,1,cst form,6,CST FORM STATUS,1,cst rate changed,3,CST REDUCE RATE,4,ctt,3,currency,2,CURRENCY TRADING ILLEGAL,1,custom,4,custom changes in budget,18,cusual leave,1,DA MERGE,2,da rate,16,da rate 01.07.2012,4,da rate january 2013,4,da rate july 2012,3,da rate wef 01.01.2012,4,date extension,4,DDO ASK RENT RECIPT,1,ddt,4,dearness allowance,15,Debit card,11,DEBT EQUITY RATIO,1,debt funds,13,debt trap,1,declared 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highlights,1,kisan vikas patar,4,KKC,3,KNOW ALL ABOUT TDS,1,KNOW PAN STRUCTURE,7,know the ip address of sender yahoo mail,3,KNOW YOUR,10,KNOW YOUR CST NUMBER,5,know your customer,6,KNOW YOUR DIVISION CODE,1,know your epf balance,12,know your ip address,1,KNOW YOUR LOCATION CODE,2,know your pan,28,know your pan address,2,KNOW YOUR PPF,12,know your refund status,20,KNOW YOUR REFUND STATUS ONLINE,10,KNOW YOUR SERVICE TAX NUMBER,9,know your tax deducted,2,know your tax deposited,2,KNOW YOUR TIN,8,KNOW YOUR VAT/TIN NUMBER,4,Krishi Kalyan Cess,15,krishu kalyan cess,1,KV Kamath,1,kvp,7,kyc,13,LAHMAN BROTHERS,1,land lord pan must,2,laptop,1,LARGE TRANSACTION,3,last date to deposit tds,1,LAST DATE TO FILE ETDS RETURNS,2,last date to file itr 2007-08 extended,1,late deposit of tds,2,LATE FILING OF ITR-V,20,late funishing of return,5,late payment of service tax,4,latest depreciation rates,9,latest income tax circulars,1,latest income tax notification,1,latest notification,3,latest tds rate 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Company has taken motor cars on hire basis for their staff. The cars are hired from individual service provider and no servcice tax is collected as the total service income P/A is less than 10 lacs. Due to the changes in service tax applicability from 01/07/2012 is this service is taxable in the hands of service receiver or service provider? Please advise.ReplyDelete
If services provided in not covered as per detail given below. Company is liable to pay service tax under reverse charge even service provider turnover is less than 10 lakh.Delete
Negative list have a entry about contract carriage
23. Transport of passengers, with or without accompanied belongings, by -
(b) a contract carriage for the transportation of passengers, excluding tourism, conducted tour, charter or hire; or
Read more: http://www.simpletaxindia.net/2012/06/negative-list-of-services-revised.html#ixzz23mHf1ZNt
Yes, It is taxable as per notification No. 30/2012 in the hands of Service Receiver.Delete
What is the due date of payment of service tax in case of reverse charge for directors services and security services in case payment is made to both of them after a period of say 8 or 9 months.ReplyDelete
As the service tax on director services is applicable from 01.07.2012 . so service tax is payable only for a period 01.07.2012 to end date. As the payment is to be made now ,service tax should be paid under reverse charge now as explained in point 4 above.Delete
In case of security service please provide the details when bill was raised
Dear Raja Babuji,ReplyDelete
Thnx for your reply.
But pls appreciate My question is not about the date from which service tax is applicable under reverse charge.
My query is -
It is the general practice that payment for security services are made after a gap of around 3 to 4 months after receipt of invoice. Here My question is suppose the payment of security charges and directors commission for the month of sept 2012 are made by my company in the month of Feb 2013.
Then do i need to deposit Service tax on both the services before making payment to service provider (i.e. director / security services provider) in feb 2013.
What is the due date for payment of Service tax of my company in this case.
As per amended Rule 7 of Point of Taxation of Rules (PoTR), Point of Taxation (PoT) in reverse charge is required to be computed with reference to the date on which payment is made. Therefore, ST liability will have to be discharged by Service Recipient(SR) by 5th of the next month / quarter in which the payment has been made to Service Provider(SP).Delete
However proviso to the said Rule 7 also provides that if the SP is not paid within the period of six months, PoT is to be determined as if Rule 7 does not exist. In that case, Rule 3 of PoTR will apply and due date of payment of ST will be applicable retrospectively.
So from the above ,if payment has been made to SP within 6 months from date of invoice then point of taxation is date of payment by SR and accordingly service tax is to be deposit by SR in 5th/6th of next month in which payment has been made to SP.
However ,if payment to SP has been made after 6 month from invoice date then POT is as per rule 3 i.e invoice date . so service tax due from 5th/6th of next month in which invoice has been raised by service provider and accordingly service tax has to be paid along with interest.
Now ,specific to your query ,make sure that payment is being made with in 6 month.
If delay more than 6 months expected ,deposit service tax on presentation of bill by SP even payment to SP has not been made
More specific answer to your query is as under.Delete
From September 2012 to FEB 2012 period is 5 Month ,so POT remains date of payment .
Due date in above case will be 5th/6th of March 2013.
Due date is to be determined when once ascertain the liability...Delete
The answer is based on the payment. Hnece the date to be read as 6th March 2013
Is it necessary for a Security Agenecy to segregate the ST liability on bill as "Payable by receipient " and "Payable by Provider " . In case if it is not segregated then also service receiver is responsible to pay 75%ReplyDelete
Service Receiver remains liable to deposit service tax even if bill is silent about it . Further it is better if you mention that 75 % is payable by service provider in the bill itsel.Delete
SHOULD DIRECTOR LIABLE TO TAKE SERVICE TAX REGISTRATION. EVEN IF HIS REMUNERATION IS LESS THAN RS. 9 LAKHS. IF SO, THEN, PLEASE GIVE ME REFERENCE FROM ACT.
As the reverse charge is applicable on Service receiver ,directors are not liable to register for service tax .Delete
Service Tax is NOT APPLIACBLE where there is an Employer -Employee Relationship....Hence Reverse Charge MEchanism Principle does not apply...Delete
Thanks a lot. :)ReplyDelete
As per provision of Sec 309-311 of Companies Act 1956 non executive directors are paid sitting fees which form part of their remunaration, in case the director only charge the sitting fees for attaining a meeting then whether service tax is chargeable on the bill.
Give your opinion on this regard.
If No employer /employee relation between non executive director with company then sitting fees is liable to be charged under service tax. if employer employee relation exist then it is out of ambit of service tax.Delete
In case of Security Agency , How the Entry will be passed in books of Service Reciepnt and Service provider . Please give your advice . How the Cenvat Credit ie Sevice Recievable will be bookedReplyDelete
please help me I am runing a recruitment firm which helps company's find prospective employees & we are paid charges for this.We are not manpower contractor as we just need to provide right candidates which are hired on company's payroll & we are paid hiring charges.I want to ask do we also come under service tax reverse charge i.e we need to deposit 25% of 12.36 & 75% will be deposited by reciever of service .ReplyDelete
Ans : You are not covered under reverse charge as recruitment agency service is not covered under manpower at all. Nothing to worry
RAJINDER SINGH HB CHANDIGARHReplyDelete
WE MAKE SERVICE TAX PAYMENT TO A COMNTRACTOR @12.36%.KINDLY SHOW US CALCUATION PATH OF 25%AND 75% AND IN WHICH CODE WE HAVE TO
DEPOSIT THE SAID SERVICE TAX I.E.75%
Please read the detail in the link give below .Or ask query with more detailsDelete
If a taxi is hired by an employee or a Director of a Company and he settles the bill to the travel agency and claims reimbursement from his Company will such expense be liable for Service Tax under reverse charge mechanism?ReplyDelete
The reverse charge of Service tax in respect of services provided or agreed to be provided by way of renting or hiring any motor vehicle designed to carry passenger is divided in 2 parts "on abated value" and "non abated value".ReplyDelete
Can someone throw more light on this? When is it abated and when non abated value? What is the classification nomenclature for the two?
As per notification 26/2010 dated 20.06.2012 abatement at 60 % on such services is allowed . Means if gross bill is 100 then service tax is applicable on 40% only.Delete
So if service provider raise bill for 100(non abated value) then service tax payable will be
100 X 40 % 12.36%=4.944
if Bill is raised after abatement 100-60=40 Rs
then service tax payable under reverse charge =40*12.36=4.944
So in both case ,tax payable under reverse charge remains same.
Thanks for the prompt response. Just to reconfirm that I have understood correctly it means that if Service Provider is not collecting Service Tax then the Service Receiver has to pay 100% of the service tax which is 12.36% on 40% of the bill value. Am I right?ReplyDelete
Yes, But If Service receiver is responsible to pay the tax then he has to pay the same . so it is not important that service provider has demanded service tax or notDelete
If the Security Service is provided by a Corporate Company to a Corporate company, would the reverse charge mechanism will apply or Corporate Security Co. would charge full service tax i.e. 12.36%ReplyDelete
Dear Harish ,Delete
In such case(service provider is company) reverse charge on security services is not applicable.
Thanks a lot sirDelete
Sir, we are the service provider and attending the consolidated work of CFS's with the halp of labour and machines also. And our billing to CFS is on container basis - we are not providing them particular man power. Our contract is to attend the carting, stuffing, de-stuffing and loading from CFS. So whether we require to submit them invoices as per reverse charge mechanism or we should charge them on full activity and subseqently we are paying to Govt. please guide / clarify to enable us to submit invoices. Best regards - Harendra kariaReplyDelete
Please provide your status individual ,firm or company etcDelete
sir, we are registered partnership firm.Delete
According to your status ,reverse charge is applicable if service receiver is body corporate , But one more thing you have to decide is that are you covered under manpower supplier as per your contract terms.Delete
As per revised service tax rules ,
(g) “supply of manpower” means supply of manpower, temporarily or otherwise, to another person to work under his superintendence or control.’
so if the superintendence or control of manpower is with you then it is not covered under reverse charge ,if superintendence or control is with CFS then it is covered under manpower.
Suppose you have a work of house keeping has been allotted to you and CFS has defined in work order ,what is to do under this work order and not demanded a persons/manpower do this work,
To execute this work order you have engaged workers,then this is not covered under man power contract.
we are manpower supply agecy, so how new change affect us & if turnover is less then 10 lakh what will be service tax rate for billingReplyDelete
If your turnover is less than 10 lakh and it was less than 10 lakh in last year also . Then you may not charge any service tax in the invoice.Delete
If you decide so, then no need to show any service tax in the bill.
Service receiver will calculate his part and pay his part directly.
Spose i am a security service provider and service reciever are heppy to pay 100% service tax @ 12.63% of total billing amount in that case what i have to do
We are working for a reputed concern(Principal Employer - PE) as contractor and we are a limited company. We raise service tax bill @12.36% to our PE.
Now, we outsource the work to our subcontractor who finishes the work for us by rendering manpower. Basically our subcontractors are less educated when it come to TAX point of view.
IS reverse charge mechanism applicable to us and subcontractor,
If YES, in which way it is going to be useful to me and my subcontractor.
I am paying the entire service tax to my PE, why should i pay Service tax for my customer and take refund the next month?
A Director is providing employees of his firm to Pvt Ltd co inReplyDelete
which he is director will it be a manpower service and taxable under revers charge system of service tax or not
A director providing employees of his firm to pvt ltd coReplyDelete
as office staff whether such supply of service taxable as manpower service under reverse charge or not.
My company is private proprietorship firm. now we r providing manpower supply to a Govt. School. pls tell me reverse service tax charge can apply under this contract? and what will be the payable tax from my side?
XYZ Security and detective service Pvt Ltd company providing the services to us(PVT COMPANY)and charging ST @12.36% then can we take credit for the same.ReplyDelete
Yes , you can take creditDelete
We are a private limited company and take security services from a partnership firm. We have just learnt that as per the act, we are supposed to pay 75% of service tax. Whereas, we have been making full payment of service tax (12.36% of bill value) to the security agency vide the bills raised by them.
In such a situation, we have not paid any service tax ourselves.
Please guide if this is ok or we need to take some preventive steps.
You should start paying 75 % service tax your self under reverse charge . Further arrange payment proof of service tax payment from security service provider,so that you can prove that no loss of revenue to govt. on your error ,if any demanded by department on later dateDelete
OUR COMPANY RENDERED BOTH TYPE OF SERVICES TAXABLE AND NON TAXABLE AND WE TAKE CCR ON PROPORTIONATE BASIS ACCORDING TO RULE 6(3)A OF SERVICE TAX. THAN WHAT PERCENTAGE WE TAKE CCR ON REVERSE CHARGE ON SECURITY SERVICES, GTA AND SERVICE PROVIDED BY THE DIRECTOR OF THE SAID COMPANY.
Please guide me, we provide Man power (House Keeping) for CO-OPERATIVE HOUSING SOCIETY LIMITED.(F.Y. 2012-13, 2013-14 & 2014-15)
did reverse charges is applicable? or 100% service tax paid by service provider.
Company, LLP, Cooperative Society is Body Corporate – Firm, HUF, Trust is not ‘Body Corporate’ [Society registered under Societies Act is legally not ‘body corporate’]Delete