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Issue ID: 3912
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service tax exeption limit for SSI

Date 17 Mar 2012
Replies 4 Replies
Views 6020 Views
Gross amount for service tax exemption must include amounts before TDS, including deemed TDS payments.
The turnover for calculating the service tax exemption must be the gross amount charged on the bill, measured before deduction of TDS; TDS must be included when aggregating consecutive receipts because it is deemed to have been paid by the recipient. The valuation principle cited states that the value of taxable services is the gross amount charged in money where no other consideration is received. (AI Summary)

If i have turn over design service of  below theroshold limit .

 

Doed TDS certificate amout is also included in the amout to calculate the service tax exemption limit for service tax .

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Replied on Mar 17, 2012
1.

Gross amount includes the amount before TDS for valuation for service tax purpose.

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Replied on Mar 17, 2012
2.

SERVICE TAX EXEMPTION IS SUM OF CONCETIVE PAYMENT  RECEIVED DOES THAT TO INCLUDE TDS

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Replied on Mar 17, 2012
3.

Yes, because TDS is deemed to have been paid by recepient of service.

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Replied on Mar 17, 2012
4.

Yes, as said above, the TDS is to be included to arrive at the gross amount for calculation of service tax exemption limit.

As per Section 67, the gross amount charged on the bill shall be the value of taxable services provided the consideration is charged in money and no other consideration is being received in lieu of such money for such services.

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