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TMI BlogSBC WRONGLY DEPOSITED , NOW ??X X X X Extracts X X X X X X X X Extracts X X X X ..... DEAR SIR, WETHER SBC WAS APPLICABLE IN CASES WHERE SERVICE PROVIDED BEFORE 15.11.2015. WE HAVE COLLECTED DEPOSITED SBC IN CASES WHERE SERVICES WAS PROVIDED BEFORE 15.11.2015 AND INVOICE IS ISSUED AFTER 29.11.2015. WHETHER WE WENT WRONG ?? IS THERE ANY REMEDY FOR REVISING THE SITUATION ?? - Reply By MARIAPPAN GOVINDARAJAN - The Reply = Services were provided before 15.11.2015; Invoice w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued after 29.11.2015; When the payment has been received? - Reply By abbas mukhi - The Reply = Sir, Party before 15.11 and partly after 15.11 - Reply By abbas mukhi - The Reply = Sir, We were confused between applicability of Rule 4 or Rule 5 of Point of Taxation rules - Reply By Rajagopalan Ranganathan - The Reply = Sir, In my opinion you are liable to pay SBC since you ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had issued invoice after 29.11.2015 since rule 5 (b) of Point of Taxation of Service rules, 2011 stipulates that no tax shall be payable if the payment has been received before the service becomes taxable and invoice has been issued within fourteen days of the date when the service is taxed for the first time, that is, on or before 29.11.2015. - Reply By KASTURI SETHI - The Reply = ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since you have crossed the last date i.e. 29.11.2015, the date of invoice. SBC has been rightly paid. No remedy required. There is no provision for hybrid procedure. - Reply By Ganeshan Kalyani - The Reply = I agree with the views submitted by the experts above. - Reply By abbas mukhi - The Reply = Thanks dear experts, whether the rate of 14.5 would applicable even if service provided before 01.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.2015 (when rate was 12.36) and invoice today..Thanks once again - Reply By Ganeshan Kalyani - The Reply = As asked my Mariappan Sir, Please mention when you have received payment. - Reply By abbas mukhi - The Reply = Sir, Payment received before 01.06.2015 (when service tax was 12.36%) Whether rate in that would be 12.36+0.50 (as the invoice issued after 29.11.2015) ??? - Reply By MARIAPPA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N GOVINDARAJAN - The Reply = Services have been rendered before 15.11.2015; Part payment has been received during June 2015; and invoice has been issued after 29.11.2015. SBC is definitely applicable to your case. You have correctly paid SBC. - Reply By Ganeshan Kalyani - The Reply = Sir, the queriest has mentioned that service was provided before June 2015 and part payment too received before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June 2015 and only invoice is raised after 29.11.2015. In such scenario whether 12.36% will apply. - SBC WRONGLY DEPOSITED , NOW ?? - Query Started By: - abbas mukhi Dated:- 21-12-2015 Service Tax - Got 11 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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