Claim of service tax prior to registration, Service Tax

[Pandya Vivek]

Service under construction service contractor is doing civil work. While doing contractor does not have service tax registration. After getting service tax registration contractor can claime service tax for period of before registration period. More detail is given here. Contractor has work for the period between 01.01.07 to 30.06.07. Service tax registration certificate availed on 20.09.07. Contractor reaised service tax invoice on 01.01.08. Can we paid service tax?. Also note that we had paid service tax returns up to 31.12.07.

Posts / Replies

[Madhukar N Hiregange]

It looks like there are compsoit\e indivisible civil contracts. If so for services provided upto 1.6.2007 there is no liability. Raising of the invoice is not important if it can be established that the work was done earlier. Assuming that the job was of labour ( or divisible contract)then the ST for the past period can be paid after availing the credits if any. Intrest @ 13% annum would be applicable.