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Whether Service Tax Payable Considering Inclusive Bill or Exclusive?, Service Tax

Issue Id: - 3557
Dated: 12-11-2011
By:- Vartik Choksi

Whether Service Tax Payable Considering Inclusive Bill or Exclusive?


  • Contents

Sir/Madam,

I am a Service Provider and Have Drawn  the Bill on my Customer as Follws:

100 BAsic

10 Service Tax

2 E/C

1 SHEC

and Customer Pays me Rs/- 100 so shall i need to pay tax on 100 or assuming it to be inclusive pay 100*100/100= 90 and pay Service tax on Rs/-90 to the credit of CG.

Regards!!

Posts / Replies

Showing Replies 1 to 2 of 2 Records

Page: 1


1 Dated: 13-11-2011
By:- CA Rachit Agarwal

As per Rule of Point of Taxations, 2011, you have to pay the tax as given in the bills.

As per the rule tax is payable earlier of

1. payment received

2. Bills Received.

However if final bills is 100, service tax =100*10.30%/(110.30%). According basic value is Rs. 90.66 and Service Tax is Rs. 9.34.


2 Dated: 13-11-2011
By:- NEERAJ KUMAR, RANCHI

Dear Mr vartik

As Mr Rachit has suggested,  if you have raised bill on the basis of Rs. 100, you need to pay s tax on 100 only, however if you have received only Rs 100/- only inclusive of service tax you need to correct you bill, but this should be done within the prescribed limit as per the Point of Taxation Rule.


Page: 1

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