Thursday, May 21, 2015

Determination of point of taxation rule because of increase in service tax rate from 12.36% to 14%

On 19th May 2015 Central Government has issued most awaited notification for change in effective rate of Service Tax from 12.36% to 14%. New rates will be applicable from 1st June, 2015 (Notification No. 14/2015-ST dated 19th May, 2015). 

Point of taxation involving change in effective rate of tax is governed by Rule 4of the POT Rules, which provides for determination of Point of taxation when there is change in effective rate of tax as mentioned in the table below:


S. No.
In case a taxable service has been provided
Invoice has been issued
Payment received for the invoice
Point of taxation shall be
Applicable Rate
1.
BEFORE the change in effective rate of tax
AFTER the change in effective rate of tax
AFTER the change in effective rate of tax
Date of issuance of invoice or Date of receipt of payment, whichever is earlier
New Rate
2.
BEFORE the change in effective rate of tax
AFTER the change in effective rate of tax
Date of issuance of invoice
Old Rate
3.
AFTER the change in effective rate of tax
BEFORE the change in effective rate of tax
Date of receipt of payment
Old Rate
4.
AFTER the change in effective rate of tax
BEFORE the change in effective rate of tax
AFTER the change in effective rate of tax
Date of receipt of payment
New Rate
5.
BEFORE the change in effective rate of tax
BEFORE the change in effective rate of tax
Date of issuance of invoice or Date of receipt of payment, whichever is earlier
Old Rate
6.
AFTER the change in effective rate of tax
BEFORE the change in effective rate of tax
Date of issuance of invoice
New Rate

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