Goods and Services Tax – GST – By: – Dr. Sanjiv Agarwal – Dated:- 1-8-2017 Last Replied Date:- 11-4-2018 – Service Tax was payable on receipt on accrual basis on a monthly or quarterly basis, as applicable. Since India has migrated to GST w.e.f. 1.7.2017, there is no charge and levy of Service Tax w.e.f. 1.7.2017. However, Service Tax charged till 30.06.2017 has to be deposited with the Central Government. If it was payable on accrual basis, there is no issue as it would have been paid in July, 2017 itself. However, in cases where Service Tax was payable on cash basis, it was payable on collection of Service tax by the provider of service in the following month/quarter. There are, therefore, bound to be a large number of transactions where
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collected after 30th June, 2017. Will the e-payment window be available in ACES for a considerable time to deposit all such payments of Service Tax to the credit of Central Government, as and when received. How will the Service Tax dues be captured in last return to be filed for April-June, 2017 period ? This is not there which may lead to loss of non-collected but billed revenue in absence of which revenue leakage is bound to be there. Further, there may not be a tracking by the department of such tax revenue to be collected. How will the tax payer deposit the collections- on monthly basis or quarterly basis? For example, July collections should be deposited in August 2017 or July – September 2017 collections should be deposited in Octobe
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ime and the same is received and accounted in post GST regime, how the tax liability be discharged? There was a Service Tax Levy on the date of receipt of service on RCM basis. But the Point of Taxation will be in GST regime. Transitional provisions are silent on these issues and there is no clarity on how to pay the service tax and how to take credit of such service tax.. – Reply By Ganeshan Kalyani – The Reply = Bills pertaining to pre GST but received and accounted in July 2017 for the service covered under RCM then service tax should be tax. The service tax so paid should be disclosed in ST-3 to be filed on or before 15th August 2017. If the credit for the tax paid under RCM is eligible then the same should be disclosed in GSTR TRAN 1 f
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