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Fw: [New post] Case Law: Delhi Chartered Accountants Society vs. UOI (Delhi High Court)

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  • Dipak Shah
    ... From: SKA To: djshah1944@yahoo.com Sent: Saturday, 2 February 2013 6:20 AM Subject: [New post] Case Law: Delhi Chartered
    Message 1 of 1 , Feb 2, 2013
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      ----- Forwarded Message -----
      From: SKA <comment-reply@...>
      To: djshah1944@...
      Sent: Saturday, 2 February 2013 6:20 AM
      Subject: [New post] Case Law: Delhi Chartered Accountants Society vs. UOI (Delhi High Court)

      WordPress.com
      Santosh Kumar Agarwal posted: "CBEC Circulars on CA’s liability to pay higher service tax rate on services rendered/ invoice raised before 01.04.2012 but payment received thereafter is ultra vires Rule 2(e) of the Point of Taxation Rules, 2011 inserted w.e.f. 01.04.2011 defined “point"
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      New post on SKA

      Case Law: Delhi Chartered Accountants Society vs. UOI (Delhi High Court)

      by Santosh Kumar Agarwal
      CBEC Circulars on CA’s liability to pay higher service tax rate on services rendered/ invoice raised before 01.04.2012 but payment received thereafter is ultra vires
      Rule 2(e) of the Point of Taxation Rules, 2011 inserted w.e.f. 01.04.2011 defined “point of taxation” as the point in time when a service shall be deemed to have been provided. Consequent to the insertion of s. 66B, the rate of service tax was enhanced from 10% to 12% w.e.f. 01.04.2012. The High Court had to consider 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 CAs prior to 01.04.2012 but (c) the payment is received after 01.04.2012. On facts, as the services were rendered before 01.04.2012 and even the invoices were raised before that date and it was only that the payment was received after the said date, the Petitioner claimed that Rule 4(a)(ii) of the Point of Taxation Rules, 2011 applies and the point of taxation shall be the date of issuance of the invoice. However, the service tax authorities issued Circular No.154 dated 28.03.2012 and Circular No.158 dated 08.05.2012 that in respect of invoices issued on or before 31st March 2012 the point of taxation shall be the date of payment. The Petitioner filed a Writ Petition to challenge the said Circulars. HELD by the High Court upholding the plea: Read more of this post
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