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Indirect Tax Laws




                    Notes          9.  The ..........................................has formulated a proposal for online web-based Electronic
                                       Tax Administration system for service tax.

                                   10.  ...................................................Tax Credit  is very vital to  the concept  of Value  Added
                                       Tax system.

                                   6.9 Computation of Service Tax

                                   In continuation to our previous post service tax registration payment and return; we wish to
                                   give you some more information about service tax. In this post you can read some regular
                                   questions and its answers.

                                   Shall I pay service tax on billed amount or amounts actually received?

                                   How are you paying service tax? On billed amount or on receipt? Many are paying service tax on
                                   billed amount and unaware of the concept ‘tax payment on amount actual received’. There is no
                                   problem paying service tax on billed amount. But this is not the correct way for the payment of
                                   service tax. A service provider is liable to pay service tax’ only when he receives the consideration
                                   for his service. Thinking practically it is not fair paying service tax on service provided; that has
                                   never received payment. I will explain this with an Example.


                                          Example: ABC Ltd billed   500000.00 (Inclusive of service tax) on 1st May 2009. Payment
                                                        th
                                   received   300,000.00 on 14  July and   200000.00 on 25th August.
                                   From the above example let’s find out the service tax liability on each month.

                                        Date        Bill     Payment   Tax liability   Service tax payment date
                                                  Amount     received                     without interest
                                    01/05/2009    500000.00         0           0               0
                                    14/07/2009           0   300000.00    28014.00          05/08/2009
                                    25/08/2009           0   200000.00    18677.00          05/09/2009

                                   However there is an exception for this clause. Transaction between associated enterprises; service
                                   tax is payable even if the consideration for service provided is received or not. The service tax is
                                   payable immediately after debiting /crediting in the books of account.

                                   How do We find out the tax liability on partly received payments?

                                   From the above example,   500,000.00 is inclusive of service tax. This means ABC Ltd. charged a
                                   gross amount of   453309.00. And a service tax   46691 in their service bill.
                                   How do you calculate tax liability when  you receive a part payment? Here you are getting
                                     300000.00 as a part payment. So our liability is calculated  by making back calculation on
                                     300000.00 use the following formula.

                                                   Gross amount Charged × Rate of Tax
                                          Tax Rate =
                                                            100 Rate of tax
                                                    300000 × 10.3
                                          Tax Rate =            28014.00
                                                       110.3






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