due date for service tax payment

[VISHAL TYAGI]

please send service tax date of payment from 01/04/2003 to 30/9/2010 and interest calculation rate for same thanks

[Sucheta Agrawal]

Dear Mr. Vishal,

As per Rule 6 of the Service Tax Rule 1994  due date for the payment of service tax-

6. Payment of service tax. -

¹ (1) The service tax shall be paid to the credit of the Central Government,- 

       (i)   by the 6th day of the month, if the duty is deposited   electronically through internet banking; and

        (ii)    by the 5th day of the month, in any other case,

       immediately following the calendar month in which the payments are received, towards the value of taxable services:

       Provided that where the assessee is an individual or proprietary firm or partnership firm, the service tax shall be paid to the credit of the Central Government by the 6th day of the month if the duty is deposited electronically through internet banking, or, in any other case, the 5th day of the month, as the case may be, immediately following the quarter in which the payments are received, towards the value of taxable services:

       Provided further that notwithstanding the time of receipt of payment towards the value of services, no service tax shall be payable for the part or whole of the value of services, which is attributable to services provided during the period when such services were not taxable:

       Provided also that the service tax on the value of taxable services received during the month of March, or the quarter ending in March, as the case may be, shall be paid to the credit of the Central Government by the 31^st day of March of the calendar year.

and rate of payment of interest provided under section 75 as under -

75.  1[Interest on delayed payment of service tax] Every person, liable to pay the tax in accordance with the provisions of section 68 or rules made thereunder, who fails to credit the tax or any part thereof to the account of the Central Government within the period prescribed, shall pay simple interest 2[ 3[at such rate not below ten percent. and not exceeding thirty-six per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette] for the period] by which such crediting of the tax or any part thereof is delayed. ***************************** Notes : 1. Sections 75 to 77 substituted by the Finance (No. 2) Act, 1998, w.e.f. 16-10-1998. Earlier section 76 was amended by the Finance Act, 1997. 2. Substituted for "at the rate of one and one half per cent for every month or part of the month" by the Finance Act, 2001, w.e.f. 16-7-2001. 3. Substituted for "at the rate of fifteen per cent per annum" by the Finance (No. 2) Act, 2004, w.e.f. 10-9-2004. Earlier, it was amended by the Finance Act, 2002, w.e.f. 16-8-2002.

 

AI Summary

Service tax payment deadlines require monthly or quarterly deposit; interest applies for delayed payment at government fixed rates. Rule 6 of the Service Tax Rules, 1994 requires service tax on monthly receipts to be paid by the 6th day of the following month if paid electronically and by the 5th day otherwise, with individuals, proprietors and partnerships operating on a quarterly payment cycle subject to the same electronic/non electronic cut offs; March receipts must be paid by 31st March. Section 75 mandates payment of simple interest for delayed crediting of tax for the period of delay, at a rate fixed by Central Government notification bounded not below ten percent and not exceeding thirty six percent per annum.