Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post a Query
Post a New Query
Title :
0/200 char
Description :
Max 0 char
Category :
Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Discussion Forum

Back

All Issues

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
OR
Search by Issue ID:
NOTE: If you have inputs in both the fields, then results will be shown for issueId first.
Issue ID : 109130
- 0 -

Date of payment under reverse charge

Date 07 Sep 2015
Replies2 Answers
Views 1180 Views
Asked By

Sir,

Under reverse charge Point of taxation will be "date of payment" .Now my question is that which date of payment is this ? ,

(1) date of payment to service provider by service receiver or

(2) date of payment to govt by service receiver under challan.

Specially in case of rate of service tax is changed.

Thanks in advance.

2 answers
Sort by

Old Query - New Comments are closed.

Hide
- 0
Replied on Sep 7, 2015
1.

Sir,

As per rule 7 of POTR,2011-

1[7. Determination of point of taxation in case of specified services or persons.-

Notwithstanding anything 2[contained in rules 3,4, or 8], the point of taxation in respect of the persons required to pay tax as recipients of service under the rules made in this regard in respect of services notified under sub-section (2) of section 68 of the Act, shall be the date on which payment is made (by the service receiver):

3[Provided that where the payment is not made within a period of three months of the date of invoice, the point of taxation shall be the date immediately following the said period of three months]

Provided further that in case of “associated enterprises”, where the person providing the service is located outside India, the point of taxation shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.]

(emphasis supplied by me)

In view of the above date of payment means the date of payment made by receiver of the service to the provider of service.

Regarding rate of service tax , as per Section 67 A of Finance Act, 1994, the rate of service tax, value of a taxable service and rate of exchange, if any, shall be the rate of service tax or value of a taxable service or rate of exchange, as the case may be, in force or as applicable at the time when the taxable service has been provided or agreed to be provided.

- 0
Replied on Nov 16, 2015
2.

I agree with Mr. Rajagopalan Ranganathan sir

Old Query - New Comments are closed.

Hide
Recent Issues