Anup Shrivastava asked 7 years ago
Dear Sir,
Very First Thank you very much for your prompt reply regarding my question and now I can understand about taxation relating to ‘Work Contract’. But One more problem about the payment of service tax applicable to C is still exists as C has not registered in Service tax deptt. till now. Then how would be possible to pay Service tax of previous transactions because now GST has come in existence instead of all taxes ? Can ‘C’ get registered in Service tax deptt now ?
C has registration in GST now.
One more request about my return filing of prev. yrs.by You. Is it possible?
I m from Raipur Chhattisgarh
Thanking You
Regards
Anup Shrivastava
Ashok Kumar answered 7 years ago
Dear Anup Shrivastava,
We understand your concern about payment of Service Tax, but no new registration is possible in service tax w.e.f. 1st July 2017. Last date for payment of Services Tax for period upto 30th June 2017 was 6th July and last date for filing of return was 15th August. Hence registration in service tax is not possible now.
What should C do?
First of all, C can get GST registration. Then
Many questions arise like “as per contract terms & conditions between B and C, find whether taxes were payable extra or taxes were inclusive.” ” Whether C has received full amount, tax amount or nil amount”
If taxes were extra then C can claim amount of taxes by raising a revised invoice under GST law OR C can cancel earlier invoice and issue revised invoice for full value claiming GST. Then C can deposit GST amount to Govt revenue. C should inform respective tax authorities before doing so. Because if taxable event was occurred before 1st July, then tax authorities may ask to deposit Service tax along with interest and penalty by raising a demand notice.In such situation C can appeal to waive off penalty.
As far as filing of return is concerned, presently we do not provide such services , but it may be started in future. Presently you can contact any qualified tax practitioner near you.
cacube