Applicability of the rate of tax

[Suhit Aggarwal]

Which rate will be applicable on advance payment received along with 12% service tax for services which are rendered either on 24.02.09 or will be rendendered after 24.02.09? Will it be 10% or 12%?

[Guest]

In nut shell, the question is whether the rate of service tax would be applicable as prevailing on the date of service rendered or as on the date of issue of Invoice?

[Sunil K. Jain]

In both the cases mentioned by you service has been rendered either on or after 24.02.09, therefore the notification dt 24th feb being for 10% the same rate is applicable on you

AI Summary

Service tax rate applies as on date of service, so advances for services after the rate change attract the lower rate. The applicable service tax rate is determined by the date the service is rendered rather than the date of invoice or advance receipt; therefore advances received for services rendered on or after the effective date of a lower rate are taxable at that lower rate.