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Issue ID: 880
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Calculation of service tax

Date 21 Aug 2008
Replies3 Replies
Views 5919 Views
Service tax on receipt basis: liability arises on receipt/payment; associated enterprises face liability on accrual or receipt, whichever earlier.
Service tax liability principally arises on the receipt or payment of service charges and is customarily and advisably discharged on receipt; advance payment is permitted. For transactions between associated enterprises, liability must be discharged at the earlier of accrual or receipt, resulting in an earlier charge than the general receipt/payment practice. (AI Summary)

Is calculation of service Tax on accrual basis or payment basis. Are both the methods allowable. Is it possible to shift from one basis to another after adopting eother

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Replied on Aug 22, 2008
1. Service tax liabilty arises on payment basis. There is no bar on making payment in advance.It is advisable to make payment of service tax on receipt basis.
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Replied on Aug 22, 2008
2.

Service tax is payable on the basis of 'receipt' i.e at the time of receipt of service charges. However, if the transaction is between 'Associated enterprises' (as covered u/s 92A of IT Act), service tax liability is to be discharged at the time of accrual/receipt whichever is earlier.

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Replied on Aug 22, 2008
3. View expressed by V Ramanujam is correct.

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