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Issue ID: 110412
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POT of KKC

Date 27 May 2016
Replies 17 Replies
Views 6093 Views
Point of taxation rule 5: new cess applies when invoice or payment occur after the effective date; limited transitional exceptions apply.
The Krishi Kalyan Cess is a new levy and, under Point of Taxation Rules, 2011, Rule 5 governs its transitional application: tax is not payable where invoice and payment both precede the levy, and is also not payable where payment precedes the levy and invoice is issued within fourteen days; outside these exceptions the levy applies. Interaction with reverse charge and a proviso to Rule 7 addressing change in liability was debated, but practitioners largely concurred that Rule 5 controls the KKC transition. (AI Summary)

Dear Sir,

Please advise me, whether Point of Taxation of KKC will be goveren by Rule 4 or Rule 5 of Point of Taxation Rule 2011 ?

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