point of taxation rules

Updated Point of Taxation Rules, 2011

Service Tax - We have updated the Point of Taxation Rules 2011 as introduced by Notification No. 18/2011-S.T., dated 1-3-2011 with Notification issued from time to time and up to the date of this article. List of Notifications issued Including Principal Notification Title Notification No. & Date Date POT for services provided by Govt or local autho...

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Rate of Service Tax– Section 67A linked with POT Rules, 2011 to prevent disputes

Service Tax - The Point of Taxation Rules, 2011 (in short POT Rules) was introduced w.e.f. 01-04-2011 to define and determine the point of taxation (in short POT) i.e. point in time when a service shall be deemed to have been provided. The twin objectives was to bring certainty regarding due date for payment of service tax (on accrual basis) and to det...

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Service Tax after Building Certificate: To be – Not to be

Service Tax - Requirement of completion certificate vary from state to state. In case of Mumbai local authority provides for completion certificate after issue of Occupation Certificate. Many times Occupation Certificate and Completion Certificate is used interchangeably. ...

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Analysis of Point of Taxation Rules, 2011

Service Tax - The Point of Taxation Rules, 2011 were notified on March 1, 2011 and have been amended from time to time. As mentioned in my earlier Article, service tax is one of the most important sources of revenue for the Central Government and therefore the legislators are trying to bring more and more persons under the service tax net. The introduc...

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Changes in Cenvat Credit Rule 4(1) & Rule 4(7) from 01.03.2015 & its applicability with respect to POT Rule 7

Service Tax - Cenvat credit in respect of input to be claimed within six months from the duty paying document with effect from 01.09.2014. [ Notification no. 21/2014- Central Excise dated 11.07.2014 ]- insertion of third proviso to rule 4(1)....

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Statutory Bank Audit – Charge 12.36% Service tax

Service Tax - The Bank audit could have commenced in March 2012, however the completion of the services would be in April/ May 2012. Since the completion of service is important, as per the Point of Taxation Rules {POTR} the rate of service tax would be: Basic- 12% EC- 0.24 SHEC- 0.12- Total 12.36%....

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Rollout of Point of Taxation rules likely to be pushed to next financial year

Service Tax - The Point of Taxation rules, which will allow tax authorities to link the payment of service tax to provision of service, raising of invoice or payment for service — whichever is the earliest — may not be introduced in this financial year. The financ...

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Finance ministry in a fix over the proposed implementation of point of taxation rules for service tax from October 1

Service Tax - The finance ministry is in a fix over the proposed implementation of point of taxation rules for service tax from October 1 this year, with the industry resisting transition to the accrual basis for taxation of services. Simply put, under the accrual...

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Service Tax: Draft Point of Taxation (for Services Provided or Received in India) Rules

Service Tax - The Government of India (“GOI”) has released the draft Point of Taxation (for Services provided or Received in India) Rules, 2010 (“Draft Rules”) for public scrutiny, comments and proposals. To provide clarity in matters of levy and collection of service tax in cases of change of rate of service tax or imposition of service tax o...

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Circulars Imposing Higher Service tax Rate On CAs / Advocates & Others is Ultra Vires

Delhi Chartered Accountants Society(Regd.) Vs Union of India And Ors. (Delhi High Court) - The question before us is what would be the rate of tax where (a) the service is provided by the chartered accountants prior to 01.04.2012; (b) the invoice is issued by the chartered accountants prior to 01.04.2012 but (c) the payment is received after 01.04.2012....

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Point of Taxation (Second Amendment) Rules, 2016

Notification No. 21/2016-Service Tax - (30/03/2016) - Where there is change in the liability or extent of liability of a person required to pay tax as recipient of service notified under sub-section (2) of section 68 of the Act, in case service has been provided and the invoice issued before the date of such change, but payment has not been made as on ...

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Service tax rate on Air Ticket Issued before 1st April 2012

Circular No.155/6/2012 - ST - (09/04/2012) - Circular No.155/6/ 2012 – ST It has been brought to the attention of the Board that some airlines are collecting differential service tax on tickets issued before 1st April 2012 for journey after 1st April 2012, causing inconvenience to passengers. Representations have also been received in this r...

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Recent Posts in "point of taxation rules"

Updated Point of Taxation Rules, 2011

We have updated the Point of Taxation Rules 2011 as introduced by Notification No. 18/2011-S.T., dated 1-3-2011 with Notification issued from time to time and up to the date of this article. List of Notifications issued Including Principal Notification Title Notification No. & Date Date POT for services provided by Govt or local autho...

Read More
Posted Under: Service Tax |

Point of Taxation (Second Amendment) Rules, 2016

Notification No. 21/2016-Service Tax (30/03/2016)

Where there is change in the liability or extent of liability of a person required to pay tax as recipient of service notified under sub-section (2) of section 68 of the Act, in case service has been provided and the invoice issued before the date of such change, but payment has not been made as on such date, the point of taxation shall b...

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Rate of Service Tax– Section 67A linked with POT Rules, 2011 to prevent disputes

The Point of Taxation Rules, 2011 (in short POT Rules) was introduced w.e.f. 01-04-2011 to define and determine the point of taxation (in short POT) i.e. point in time when a service shall be deemed to have been provided. The twin objectives was to bring certainty regarding due date for payment of service tax (on accrual basis) and to det...

Read More
Posted Under: Service Tax |

Service Tax after Building Certificate: To be – Not to be

Requirement of completion certificate vary from state to state. In case of Mumbai local authority provides for completion certificate after issue of Occupation Certificate. Many times Occupation Certificate and Completion Certificate is used interchangeably. ...

Read More
Posted Under: Service Tax |

Analysis of Point of Taxation Rules, 2011

The Point of Taxation Rules, 2011 were notified on March 1, 2011 and have been amended from time to time. As mentioned in my earlier Article, service tax is one of the most important sources of revenue for the Central Government and therefore the legislators are trying to bring more and more persons under the service tax net. The introduc...

Read More
Posted Under: Service Tax |

Changes in Cenvat Credit Rule 4(1) & Rule 4(7) from 01.03.2015 & its applicability with respect to POT Rule 7

Cenvat credit in respect of input to be claimed within six months from the duty paying document with effect from 01.09.2014. [ Notification no. 21/2014- Central Excise dated 11.07.2014 ]- insertion of third proviso to rule 4(1)....

Read More
Posted Under: Service Tax |

An analysis of POT Rule, 2011 and section-67A of Service Tax

It has been In the discussion /article published in Tax-Guru giving rise a conflict In section-67A and POT Rule-2011.Both are considered a bone of contention to determine Service tax liability while Service tax rate are changed....

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Posted Under: Service Tax |

Change in Rate of Service Tax- Adverse Impact of Rule 7 of Point of Taxation Rules, 2011 on recipient of service

As there is increase in the rate of service it has great impact in the transition from 12.36% to 14% to the provider service as well as recipient of service. Though, there are explicit provisions under Rule 4 of POT rules that if the Invoice has been raised or payment is received in respect of service provided or agreed to be provided bef...

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Posted Under: Service Tax |

Service Tax – Point of taxation rules (POT)- At a glance

Point of taxation is determined on the basis of earlier of following events (Rule 3) :- a)       The time when the invoice for the service provided or to be provided is issued OR b)       Where the person providing the service, receives a payment Provided that the invoice has been issued within 30 (45 in case […]...

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Posted Under: Service Tax |

Ultra-Vires of Rule 5 of Point of Taxation Rules, 2011

It is well settled law that levy of tax is one thing and collection thereof is quite different thing. Once the levy is attracted, the collection of tax may be at any different point/stage or event. For example, in case of central excise duty, the levy is on the ‘manufacture or production of goods’ while the collection of duty is postp...

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Posted Under: Service Tax |
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