Due dates - Service Tax Practice Manual / Ready Reckoner - Service Tax

Due Dates A. Effective date for levy of Service Tax B. Collection of Service Tax C. Due dates for payment of Service Tax D. Due dates for filing of Service Tax Returns E. Due dates for filing of Cenvat Credit Returns F. Due dates for payment of service tax in case of Reverse Charge G. Due date for filing revised returns ========== A. Effective date for levy of Service Tax As per Sec.66B , there shall be levied a tax (hereinafter referred to as the service tax) at the rate of 14% (plus cess if any). on the value of all services, other than those services specified in the negative list, provided or agreed to be provided in the taxable territory by one person to another and collected in such manner as may be prescribed. Above charging section clearly states that as soon as services provided or agreed to be provided, service tax is levied. Further, Point of Taxation Rules, 2011 prescribes various circumstances and situations in which point of taxation is to be decided. B. Collection of Service Tax Rule 6 (1) of Service Tax Rules, 1994 provides the specified date for discharge of service tax liability as: B (1) Payment of service tax Receipt Basis - In case of assessee is a individuals, partnership firms and one person companies W.e.f. 1.4.2016, in case of assessee is a individuals , partnership firms and one person companies may choose to pay service tax on receipt basis, where aggregate value of taxable services provided from one or more premises is fifty lakh rupees or less in the previous financial year [From 1.4.2012 to 1.4.2016, only individuals and partnership firms were eligible to pay service tax on receipt basis], Assessee may avail this facility only up to a total of rupees fifty lakhs in the current financial year. If the turnover is exceeding this limit, he has to pay service tax on accrual basis. B (2) In other cases - Payment of Service Tax on Accrual Basis All the assessee, who is not eligible to pay service tax on receipt basis has to pay service tax on accrual basis as determined as per Point of Taxation Rules, 2011 . As per point of taxation rules, 2011 , point of taxation shall be the time when the invoice for the service provided or agreed to be provided is issued. Where invoice is not issued within the time period specified, it shall be the date of completion of provision of the service. In case payment received in advance, point of taxation shall be such date, to the extent of such payment. C. Due Dates for payment of Service Tax Quarterly payment of service tax in case of Individual or Partnership firms:- Service Tax on the value of taxable services received / provided during any quarter shall be paid to the credit of the Central Government by the 5th (6th in case of electronic payment) of the month immediately following the said quarter. Facility of payment of service tax is available to all Individuals and partnership firms whether or not they are required to pay service tax on accrual basis or receipt basis. W.e.f. 1.4.2016, where the assessee is a one person company whose aggregate value of taxable services provided from one or more premises is fifty lakh rupees or less in the previous financial year also requires to pay service tax on quarterly basis through out the current financial year. Monthly payment of service tax in other cases:- The service tax on the value of taxable services received / provided during any calendar month shall be paid to the credit of the Central Government by the 5th (6th in case of electronic payment) of the month immediately following the said calendar month. Provided further that the Service Tax on the service deemed to be provided during the month of March or the quarter ending March, shall be paid to the credit of the Central Government by the 31 st day of March of the calendar year. w.e.f. 01-10-2014, all assesse are required to pay service tax through internet banking only. Refer Noti. No. 9/2014-ST, dt. 11-7-2014. Table showing month wise / quarter wise due date of payment of service tax Sr. No. Type of Assessee / Period Due Date Electronic payment 1 Individual / Proprietary Firm or Partnership Firms or One person company whose aggregate value of taxable services provided from one or more premises is fifty lakh rupees or less in the previous financial year [w.e.f. 1.4.2016] From 1 st April to 30 th June 5 th July 6 th July From 1 st July to 30 th Sep. 5 th October 6 th October From 1 st Oct. to 31 st Dec. 5 th January 6 th January From 1 st Jan to 31 st March 31 st March 31 st March 2 Other Cases For the month April 5 th May 6 th May For the month May 5 th June 6 th June For the month June 5 th July 6 th July For the month July 5 th August 6 th August For the month August 5 th September 6 th September For the month September 5 th October 6 th October For the month October 5 th November 6 th November For the month November 5 th December 6 th December For the month December 5 th January 6 th January For the month January 5 th February 6 th February For the month February 5 th March 6 th March For the month March 31 st March 31 st March ========== D. Due dates for filing of Service Tax Return Rule 7 of Service Tax Rules, 1994 For All Assesses: Return to be filed Half Yearly electronically Period Due Date 1 st April to 30 th September 25 th October 1 st October to 31 st March 25 th April ========== E. Due date for filing of Cenvat Credit Return Rule 9(9) of Cenvat Credit Rules, 2004 In each case: Return to be filed Half Yearly Period Due Date 1 st April to 30 th September 30 th October 1 st October to 31 st March 30 th April ========== F. Due dates for payment of service tax in case of Reverse Charge u/s 68(2) What is the due date of payment of tax in case the liability to pay service tax is on Service Receiver? 1. Specific provision has been introduced in Rule 7 of the Point of Taxation Rules, 2011 , to prescribe that payment of service tax shall be made on payment basis instead of accrual basis. However, where the payment is not made within 3 months from the date of invoice, payment of service tax shall be discharged on accrual basis. In this case the point of taxation shall be date immediately following the said period of 3 months, 2. Further, in case of associated enterprises, where the person providing the services is located outside India, payment of service shall be on the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier. 3. 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 been made as on such date, the point of taxation shall be the date of issuance of invoice. 4. in case of services provided by the Government or local authority to any business entity, the point of taxation shall be the earlier of the dates on which, - (a) any payment, part or full, in respect of such service becomes due, as specified in the invoice, bill, challan or any other document issued by the Government or local authority demanding such payment; or (b) payment for such services is made. ========== G. Due dates for filing of revised returns Rule 7B of Service Tax Rules, 1994 and 9(11) of Cenvat Credit Rules, 2004 Return can be revised only if original return filed within due date. Period Due Date for filed revised return 1 st April to 30 th September 90 days from the date of filing of original return 1 st October to 31 st March 90 days from the date of filing of original return ==========