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1     In case of Individuals or Proprietary Concerns and Partnership Firm, service tax is to be paid on a quarterly basis. The due date for payment of service tax is the 5th of the month immediately following the respective quarter ( in case of e-payment, by 6th of the month immediately following the respective quarter). For this purpose, quarters are: April to June, July to September, October to December and January to March. However, payment for the last quarter i.e. January to March is required to be made by 31st of March itself.

( Refer Rule 6 (1) of Service Tax Rules, 1994)

2     In case of any other category of service provider other than specified at 6.1 above,  service tax is to be paid on a monthly basis, by the 5th of the following month ( in case of e-payment, by 6th of the month immediately following the respective month). However,  payment for the month of March is required to be made by 31st of March itself.      

( Refer Rule 6 (1) of Service Tax Rules, 1994)

3     Service tax is to be paid to the Central Government in respect of service deemed to be provided as per the rules framed.

( Refer Rule 6 (1) of Service Tax Rules, 1994)

4      The facility of e-payment of service tax has been introduced with effect from 11.05.2005. From 1st April, 2010 e-payment of service tax has been made mandatory for the assessees who have paid service tax of Rs.10 Lakhs (cash+ cenvat) and above during the last financial year or who have paid service tax of Rs.10 Lakhs (cash + cenvat) and above during the current financial year. The e-payment shall be made only in designated banks by 6th day of the following month.

(Refer Rule 6 (1) & (2) of Service Tax Rules, 1994) {List of Banks, authorized to accept e-payment is given in para 12)

5   The assessee is required to deposit the amount of service tax in the designated banks through GAR-7 challan.

(Refer Rule 6 (2) of Service Tax Rules, 1994)

 ( Assessees may contact jurisdictional office for details of the designated banks.)

6     While depositing the service tax, the appropriate ‘account head’ pertaining to the particular service category should be mentioned on the challan. The correct accounting heads have been given in the table showing the ‘List of Services’ in para 1.3.

7      If the assessee deposits the amount of tax liable to be paid, by cheque, then the date of presentation of the cheque to the designated bank would be treated as the date of payment of service tax.

(Refer Rule 6 (2A) of Service Tax Rules, 1994)

8       Where an assessee has issued an invoice, or received any payment, against a service to be provided which is not so provided by him either wholly or partially for any reason, or where the amount of invoice is renegotiated due to deficient provision of service, or any terms contained in a contract the assessee may take credit of such excess service tax paid by him, if the assessee:-

          a) has refunded the payment or part thereof, so received for the service provided to the person from whom it was received or

          b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice has been issued

( Refer Rule 6 (3) of Service Tax Rules, 1994)

9     The assessee can opt for provisional payment of service tax in case he is not able to correctly estimate the tax liability. In such a situation he may request in writing to the jurisdictional Assistant / Deputy Commissioner for the same.

( Refer Rule 6 (4) of Service Tax Rules, 1994).

10    Service tax ( including interest, penalty, refund) is to be rounded off to the nearest rupee. 50 paise or more should be rounded off to the next rupee and less than 50 paise should be ignored.

( Refer Board’s Circular No.53/1/2003 dated 11.03.2003)

11    Any person who has collected any sum on account of service tax, is under obligation to pay the same to the Government. He can not retain the sum so collected with him by contending that service tax is not payable.

( Refer section 73A of the Finance Act, 1994.)

12. Any person providing taxable service to any person shall pay service tax at the rate specified in Sec.66 in such a manner and within such period as may be prescribed.

(Sec.68 of the Finance Act, 1994)

The table below shows the rate of service tax applicable at the relevant period of time.

Sr.No.

Period

Rate of Service Tax

Rate of Education Cess

Rate of  Secondary & Higher Education Cess

1. Till 13.05.2003

5%

Nil

Nil

2. 14.05.2003 to 09.09.2004

8%

Nil

Nil

3. 10.09.2004 to 17.04.2006

10%

2% of the S.T.

Nil

4. 18.04.2006 to 31.05.2007

12%

2% of the S.T.

Nil

5. 01.06.2007 to 23.02.2009

12%

2% of S.T.

1% of S.T.

6. From 24.02.2009

10%

2% of S.T.

1% of S.T.

7 From 01.04.2012

12%

2% of S.T.

1% of S.T.

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62 Comments

  1. b.k.garg says:

    Pl. let me know if a builder is liable to charge service tax @ 12.36 on the electricity provided to the residents of the building and he is paying a lump sum payment to the electricity Deptt. from where he is getting the power.

  2. karmegam says:

    Dear Sir,

    I want service tax calculation

    Rate of Service Tax 12%
    Rate of Education Cess 2%
    Rate of Secondary & Higher Education Cess 1%

    total tax are 14% how will possible 12.36%

    Please give me a detail please

  3. Prabhakar says:

    Sir,
    I want to know what is the service tax on car rentals and Tour & travels with details chart of service tax rates

    Kindly mail me the details.

    Rgds,
    Prabhakar

  4. Vallabh shah says:

    Sir
    I am a proprietor running steel business I am a small entity not registered under factory act nor I am a corporate entity
    Am I suposed to get registered for Goods transport services and my sales Tax practitioner is a Advocate
    do I need to get the ser tax registration ?

  5. P Sharma says:

    Dear sir,
    I hv proprietoryship firm & doing business in real estate. This is the 2nd year after registeration in service tax. Totao billing in 2012-13 is less than 10 lakhs. Will the service tax be applicable for the above amount. As i hv taken advance, what should be the billing format i.e with service tax or without service tax. Do I need to deposit service tax?

    Regards

  6. harsh says:

    Dear sir,
    if suppose in year 2009-2010 my threesold limit of taxable services exeed 10lakhs but in the year 2011-12 its below 10lakhs and also in the year 2011-12 its below 10lakhs then also service tax is applicable ???
    please ans me as soon as possible

  7. Mridul says:

    Hello sir,
    one of by batch mate has started a proprietorship firm of civil construction has been billing the service tax chargeable invoice to an corporate from the month of May 2011 and now he is supposed to make the payment for the service tax charged on invoice so as the same amount will be remitted by corporate after receiving the challan of service tax, thus how should he proceed further as of now he dont have service tax registration also till date. as if he take the online registration now then how can he pay for the back period of 1 year.

    Kindly suggest on our email

  8. DEEPAK says:

    Dear Rajender Rana,

    First of all see whether at the time of registration with Service Tax authority you have mentioned the name of proprietor with name of the firm.

    Name of the Applicant: as Mr. ____, Proprietor of M/s._____.
    If you doesn’t have the documents, then see your registration Certificate with Service Tax Authorities, there will be mentioned name of the proprietor with Name of the firm.

    If u still doesn’t find anything enough for proving, then u may also show them the current accounts detail of the Bank, as it will be in the name of the firm, with authorised signatory as the Proprietor and take the Certificate from the bank in this regard

  9. Rajendra Rana says:

    My client ser.tx registration in is individual name and also running Proprietory firm and firm ser.tax paid in individual name. how i can prove that our proprietory firm & individual both are same and registration no is also same pl.reply urgent

  10. Rajendra Rana says:

    i am accountant my client is register in ser.tax individual name.he is also running firm (proprietory firm (architects service) all ser.tax paid in individual name but some ser.tax amount reimburse from govt.undertaking bodies they will not reimburse ser.tax due to our registration in individual name our reimbursement in in our proprietory firm

  11. Anoop Birmiwal says:

    Dear Sir,
    The bill which was made before July 2012 but the payment received after July 2012 in which code we have to pay service tax in new code or old one

  12. J.Ravi says:

    We are IATA Agent issue to ticket for Newyork to Chennai and payment along with Service charges to collect in USD. Do we need to pay Tax and please explain under what catogory.

  13. Muralidhar Rao says:

    When we will pay transportation charges within madhya pradesh,what the rate of service tax deducate from transport.

  14. Brijesh jha says:

    please send all details of service tax tds & dvat & pay roll current financial year (2012-13)-assessment year 2013-14

  15. Priya says:

    Very Urgent – Kindly revert on – priyakaul2011@yahoo.in

    Hi,

    According to us, budget 2012 states as under:

    E. Service Tax Rules, 1994:

    1. A common simplified registration format for Central Excise and Service Tax is being placed for public comments, together with further liberalization in registration requirements, particularly centralized registrations. The proposed changes are attached as Annexure C. 12

    2. Likewise a new simplified one page common return with Central Excise: to be called Excise & Service Tax Return (EST for short) is being introduced. The format of the return is given as Annexure D. It is also being proposed that the cycles for the payment service tax and filing of return should coincide. To this end the tax payment requirement is proposed to be revised as follows:

    A. Assessees who paid tax of Rs 25 lakh or more in previous year and new assessees other than individuals and firms: Monthly

    B. Others: Quarterly

    3. This will improve cash flow for small businesses registered as companies or other corporate bodies while making large non-corporates pay tax on monthly business .

    According to above provision, all kinds of assessee (including body corporate) who paid tax less than Rs. 25 lakh are required to pay tax and file return quarterly in the FY 2012-13 where as your current article states to the contrary. Please check and revert at the earliest.

    With Regards,
    Priya

  16. Priya says:

    Hi,

    According to us, budget 2012 states as under:

    E. Service Tax Rules, 1994:

    1. A common simplified registration format for Central Excise and Service Tax is being placed for public comments, together with further liberalization in registration requirements, particularly centralized registrations. The proposed changes are attached as Annexure C. 12

    2. Likewise a new simplified one page common return with Central Excise: to be called Excise & Service Tax Return (EST for short) is being introduced. The format of the return is given as Annexure D. It is also being proposed that the cycles for the payment service tax and filing of return should coincide. To this end the tax payment requirement is proposed to be revised as follows:

    A. Assessees who paid tax of Rs 25 lakh or more in previous year and new assessees other than individuals and firms: Monthly

    B. Others: Quarterly

    3. This will improve cash flow for small businesses registered as companies or other corporate bodies while making large non-corporates pay tax on monthly business .

    According to above provision, all kinds of assessee (including body corporate) who paid tax less than Rs. 25 lakh are required to pay tax and file return quarterly in the FY 2012-13 where as your current article states to the contrary. Please check and revert at the earliest.

    With Regards,
    Priya

  17. Priya says:

    Hi,

    According to us, budget 2012 states as under:

    E. Service Tax Rules, 1994:

    1. A common simplified registration format for Central Excise and Service Tax is being placed for public comments, together with further liberalization in registration requirements, particularly centralized registrations. The proposed changes are attached as Annexure C. 12

    2. Likewise a new simplified one page common return with Central Excise: to be called Excise & Service Tax Return (EST for short) is being introduced. The format of the return is given as Annexure D. It is also being proposed that the cycles for the payment service tax and filing of return should coincide. To this end the tax payment requirement is proposed to be revised as follows:

    A. Assessees who paid tax of Rs 25 lakh or more in previous year and new assessees other than individuals and firms: Monthly

    B. Others: Quarterly

    3. This will improve cash flow for small businesses registered as companies or other corporate bodies while making large non-corporates pay tax on monthly business .

    According to above provision, all kinds of assessee (including body corporate) who paid tax less than Rs. 25 lakh are required to pay tax and file return quarterly in the FY 2012-13 where as your current article states to the contrary. Please check and revert at the earliest.

    With Regards,
    Priya

  18. Pawan kumar says:

    Dear sir, Please advice can the service tax be charged on the EPF and ESI (Employer share) along with DC rate in the bill of contractor labour engaged on DC rates or can only be charged on the DC rates only and not on EPF and ESI.

  19. Rajesh says:

    Recently I got an appointment from Ghana based company for IT Delivery support, as per the contract, they have given x amount in USD as monthly salary for me in India and during my implementation travel, they will pay onsite charges. The said company doesn’t have registered office in India. Do I have to pay Service tax in India and Personal Tax?

    Rajesh

  20. SOUMYA says:

    Dear sir

    I want to know what the rule passed for telephone department , that how much they to charge the service tax.

    thanking you
    with regards
    soumya

  21. chandra bhushan ojha says:

    sir,
    my properiter firm provided computer 5 operator value rs. approx 20000@ month what service tax percent add inbill corresponding this amount

  22. RAVINDRA says:

    Dear Sandeep,
    I well grow cotton . Vega table and other Crop I well take solar fencing to protect our Crop from Wild Animal so this it is only for Agriculture use only
    Ravindra

  23. RAVINDRA says:

    Dear Sir,
    I am a farmer I have 20 Acr of Land I will Take the Solar Fencing for my Land The Dealer Charged me The 5% vat tax and 10.5% service charge on Erection . As per my Knowledge This is For Agricultural purpose and We are Save The Wild animal and also our Crop From Wild Animal so ther is no Tax on it Pls Gide Me
    Ravindra

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