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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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TRANSITION OF ASSESSEES PAYING SERVICE TAX ON RECEIPT BASIS IN GST

GST DAILY DOSE OF UPDATION

 
TRANSITION OF ASSESSEES PAYING SERVICE TAX ON RECEIPT BASIS IN GST:
 
 
In the current service tax regime, the rate of service tax is determined by the Point of Taxation Rules, 2011. However, to provide relief to specified professionals working on small scale, special provision was introduced for individuals, partnership firms, LLPs wherein specified professionals having total receipts of Rs. 50 Lakhs or less in the previous financial year from all premises. The point of taxation for such specified professionals was stated to be date of receipt of payment in order to enable them to pay service tax on receipt basis rather than accrual basis. It is pertinent to mention that prior to 01.04.2012, the provision was contained in Rule 7(c) of the Point of Taxation Rules, 2011 but the same has been omitted w.e.f. 1.4.2012. However, the benefit has been continued to be provided to the assessee and only the position of the benefit has been changed. The provision has been shifted to fourth proviso to Rule 6(1) of the Service Tax Rules, 1994 containing the provisions pertaining to payment of service tax. It has been provided that the individuals, partnership firm and one man companies whose aggregate value of taxable services provided from one or more premises is 50 lakh rupees or less in the previous financial year, the service provider has the option to pay tax on taxable services provided or agreed to be provided by the specified dates in which payment is received. The effect of shifting the provision is that prior to 01.04.2012, the point of taxation for specified assessees was date of receipt of payment but now, the benefit has been extended by way of facility to pay service tax on receipt of consideration. Hence, the point of taxation for such specified assessees is governed by general rule and only the benefit of payment of service tax is given on receipt of consideration.  
 
 
The present update is concerned with the difficulties that the specified assessees would be facing while switching to the new GST regime because there is no such benefit under the proposed GST regime. Now, a big question stands in front of the assessees that have opted for payment of service tax on receipt basis that how they will be discharging their service tax liability in the GST regime for the payments received relating to prior periods. The answer probably lies in section 188 of the revised GST draft law pertaining to transitional provisions which states that:
 
Taxability of supply of services in certain cases
 
Notwithstanding anything contained in section 13 or 14, the tax in respect of the taxable services shall be payable under the earlier law to the extent the point of taxation in respect of such services arose before the appointed day.
 
Explanation: Where the portion of the supply of services is not covered by this
Section, such portion shall be liable to tax under this Act.
 
This section probably resolves the problem that the specified assessees would face on implementation of GST. This is for the reason that the general rules of point of taxation would apply for specified assessees also according to which if the invoice has been issued and service has been provided prior to implementation of GST, the point of taxation would be in the present service tax law and the tax shall be payable as per the present service tax laws. However, no mechanism of payment has been prescribed as to whether the amount would be payable as service tax or GST and how will it be reflected in the returns by the assessee is also question that remains unanswered. Moreover, if the tax is required to be paid as GST, whether the possible GST rate of 18% would be payable ? In our opinion, since the point of taxation has arose prior to GST, the service tax applicable during the relevant period will only be payable but the government is very unpredictable as similar problem was faced by such specified assessees when the rate of service tax was increased from 10.3% to 12.36%. It is pertinent to mention that during that time, clarification was issued vide Circular No. 154/5/2012-ST dated 28.03.2012 and Circular No. 158/9/2012-ST dated 08.05.2012 wherein it was stated that such specified assessees were required to pay increased service tax. However, these two circulars were challenged and quashed by the Hon’ble Delhi High Court in the case of DELHI CHARTERED ACCOUNTANTS SOCIETY VERSUS UNION OF INDIA [2013 (29) S.T.R. 461 (DEL)]. It is submitted that although, as per provisions it is understood that the service tax applicable during the material time will be payable by specified assessees but government is free to issue clarifications as mentioned above. Moreover, if the assessee is compelled to pay GST at the rate of 18%, what will be the fate of extra 3% payable by him? Whether the extra 3% can be recovered from the service recipients and whether credit will be passed on is also not clear. Well, the true colours of the proposed law and the difficulties faced by the assessees on transition will be revealed only after implementation of the revolutionary taxation reform.
 
 
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PRADEEP JAIN, F.C.A.

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