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Budget VII- Effect of POT Rules 2011 on change in Service Tax Rate

CA Akash Phophalia
Point of Taxation rules determine tax point from invoice or payment timing, deciding which service tax rate applies. Point of Taxation Rules, 2011 fix the taxable point for a change in service tax rate by reference to timing of invoice issuance and receipt of payment: six permutations of before/after the notified effective date identify whether the earlier of invoice or payment, the date of invoice, or the date of payment governs which rate applies. The same approach applies to the cleanliness cess treated as service tax, and if payment is not bank credited within four working days after the rate change the new rate applies; advance payment treatment is governed by the designated procedural rule. (AI Summary)

BUDGET - VII (POT Rules)

Effect of POT Rules, 2011 on change in rate of Service Tax.

Although this effect is to be reckoned from the effective date as notified by the Central Government.

Sr. No.

Taxable Service Provided

Issue of Invoice

Receipt of Payment

Point of Tax

Rate Applicable

1.

Before

After

After

Earlier of date of payment/issue of invoice

14%

2.

Before

Before

After

Date of issue of invoice

12.36%

3.

Before

After

Before

Date of payment

12.36%

4.

After

Before

After

Date of Payment

14%

5.

After

Before

Before

Earlier of date of payment / Issue of Invoice

12.36%

6.

After

After

Before

Date of issue of Invoice

14%

Note:-

  1. The proposed levy of Swachh Bharat Cess @ 2% is also in the nature of service tax as narrated in clause 117 of the Finance Bill 2015. Thus POT rules shall equally apply to it in the same manner as mentioned above.
  2. The words ‘Before’ and ‘After’ in the above table mean before/after the date to be notified.
  3. In case of Sr. No. 3 and Sr. No. 5 above, if the payment is not credited in the bank within 4 working days from the date when there is change in effective rate of tax, the new rate of 14% would apply. (Rule 2A of POT Rules,2011)
  4. The rate of 12.36% is inclusive of Education Cess and SHE Cess.

CA Akash Phophalia

9799569294

[email protected]

Office No 3

Second Floor

Amrit Kalash

Residency Road

Near Bombay Motor Circle

Jodhpur - 342001

Rajasthan

answers
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Vinay Kunte on Mar 14, 2015

Sir,

My view is as under w.r.t. Point No. 6 of the Table:

At Point No. 6 of the table the Rate of Service Tax will have to the Date earlier of the Invoice Issued or the Payment received. As the Payment is received in form of an Advance, the Service Tax will have to be paid @ 12.36% before the budgetary changes take effect.

Please correct me if I ma wrong which will enrich my knowledge as well.

CA Akash Phophalia on Mar 14, 2015

Respected Vinay Ji

Thanks for showing interest in my article. Kindly refer Rule 4(b)(iii) of Point of Taxation Rules, 2011.

This rule guides point no 6.

Humble regards

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