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Service tax is a central government tax that customers are charged on the services provided to them. Service providers are responsible for issuing invoices and
charging service taxes to their customers. The service provider is required to deposit the tax amount to the tax authority after collecting the tax amount from the
customer. The service tax payment must be submitted with the TR-6 Challan form to the designated branches. An additional surcharge called an education cess
is also included in the service tax amount that is charged to the customer.
The service tax credit can be claimed when the registered customer pays the taxes and taxable services to the service provider. The service tax for a particular
period is payable on the value of the taxable service received only for that period and not on the gross amount charged. The service provider must issue a
revised bill to the customer for the services received. For individual proprietor or partnership firm, the service tax must be paid on a quarterly basis. The
payment should be made by the 25th day of the month following the quarter. For other entities such as companies, the service tax should be paid on a monthly
basis before the 25th day of the following month. If the payment of service tax is delayed, the customer must also pay the penalty fees in addition to the tax
amount.
The service provider must follow these legal provisions for the service tax:
Register only the centralized billing location if services are provided by more than one location.
Obtain registration from the appropriate tax authority for each location or office if there is no centralized billing location.
Submit a single application for registration to the tax authority that includes all the taxable services if more than one service is provided by the same
location.
The service tax returns must be filed in the Form ST-3 or ST-3A on a semi-annual basis to the tax authorities. The returns must be filed within 25 days of the
semi-annual closing period with TR-6 Challan. The service provider must file a nil return if no service is provided during six months.
This rule shifts the service tax from cash to an accrual base. This rule also states that if you receive advance before providing services, you must pay the tax at
the time of such receipt.
The Point of Taxation is deemed on conditions in this regard:
When you provide a taxable service before the change in tax rate, the taxable event is determined as follows:
o When the invoice is issued and the payment is received after the change in rate, the point of taxation will be the date of payment or issuing of
invoice, whichever is earlier.
o When the invoice is issued prior to change in tax rate, but the payment is received after the change, the point of taxation will be the date of
issuance of invoice.
o When the payment is received before the change in tax rate, but the invoice is issued after the change, the point of taxation will be the date of
payment.
When you provide a taxable service after the change in tax rate, the taxable event is determined as follows:
o When the payment is received after the change in tax rate, but the invoice is issued before the change, the point of taxation will be the date of
payment.
o When the invoice is issued and the payment is received before the change in tax rate, the point of taxation will be the date of issuance of invoice
or the date of receipt of payment, whichever is earlier.
o When the invoice is raised after the change of rate, but the payment is received before the change in tax rate, the point of taxation shall be date of
issuance of invoice.
The taxable event in such cases depends on the contract between the parties because the taxable event is the date of payment for the service, as provided in the
contract. However, if the payment is received or an invoice is issued prior to the above date, the point of taxation is the date of payment or date of invoice,
whichever is earlier.
Description of "Figure 3-1 Service tax process flow for O2C cycle"
This process flow shows the steps that the manufacturer performs in the P2P cycle:
Figure 3-2 Service tax process flow for P2P cycle
Description of "Figure 3-2 Service tax process flow for P2P cycle"
Manufacturers must pay excise duty when purchasing raw materials. This is a part of the P2P cycle. However, they must also pay excise duty when
selling finished goods. This is a part of the O2C cycle. Manufacturers maintain all statutory records according to the excise rules defined by the excise
authorities.
Dealers are not required to pay excise duty because they perform only a goods transfer.
Manufacturers who are exporters are not required to pay excise duty according to the excise rules. However, they must submit ARE 1 bonds or ARE 3
certificates, which are equivalent to the excise amount or excise quantity, to the excise authorities for a given period.
The manufacturers who send consignment of goods outside the company for work do not have to pay excise duty if they receive the consignment within 180
days. They must submit the consignment note to the tax authorities to declare the receipt of goods within the required time period.
Each excise unit has to maintain legal records to submit to the tax authorities. These include:
RG1 register. Excise units maintain this register. This register includes receipts, issues, and stock of furnished goods.
RG23D register. Dealers maintain this register to record the stock transfer at purchase price.
Personal ledger account (PLA). Excise units maintain this register by depositing the cash amount for the duty payment in the bank with the TR-6
challan.
RG23A-II. Manufacturers maintain this account for the purchase of raw materials. This account is also referred to as AII.
RG23C-II. Manufacturers maintain this account for the purchase of capital goods. This account is also referred to as CII.
Description of "Figure 8-1 Excise process flow for the O2C cycle"
This process flow shows the tasks that a manufacturer performs to work with the excise tax component of purchase:
Figure 8-2 Excise process flow for the P2P cycle
Description of "Figure 8-2 Excise process flow for the P2P cycle"
Overview of VAT
Value-added tax (VAT) is a state tax that is charged on the value added to goods or items at different stages of production and distribution. Value added is the
difference between the sale price and the purchase price. The state assigns each item a particular VAT percentage. Some items are exempted from VAT.
You can offset the VAT that you pay by the VAT that you collect. For example, the tax paid by the VAT registered dealers for purchases can be offset by the
tax collected by them for sales. The process of offsetting the tax varies for different types of transactions. For example, the process of offsetting VAT is
different for the purchase of capital goods, treatment of opening stock, and for purchases from unregistered dealers.
Each VAT registered dealer has a unique tax identification number (TIN) that must appear on the tax invoice. The VAT registered dealer is required to issue the
tax invoice to the purchaser with the details required by the government.
The other statutory VAT documents are purchase register, sales register, VAT registration certificate, and proof of tax payment.
Overview of TCS
Tax collected at source (TCS) is a federal tax that customers are charged on goods. Suppliers that sell the goods are responsible for charging TCS to their
customers and collecting the amount, as well as remitting the TCS amount to tax authorities. TCS is applicable either at the time of debiting the customer or
receiving the money from the customer during sale of notified goods, whichever is earlier. Suppliers are required to remit the TCS amount to the tax authority
and issue the certificate Form 27D to the customer within ten days of receiving the payment.
The process flow for collecting and remitting TCS is different for prepayments. When a customer makes a prepayment without the sales order and invoice, you adjust it
with the next invoice for that customer and submit the TCS on that amount to the government.
Overview of TDS
Tax deducted at source (TDS) is a tax that is deducted from income that a company in India pays to a recipient or supplier if the income amount exceeds a
specific statutory limit in a financial year.
The types of income that are subject to TDS include:
Salary.
Interest and dividends.
Winnings from the lottery.
Insurance commission.
Rent.
Fees from professional and technical services.
Payments to contractors and subcontractors.
The withholding amounts for TDS can be deducted from an invoice submitted by a supplier or from the payment that is issued to the recipient or supplier.
Examples of recipients and suppliers include contractors, providers of professional services, employees, and real estate landlords. Companies submit a TDS
certificate to each supplier on a monthly or yearly basis. The certificate includes the payments, as well as information about the company and supplier.
Companies must also submit an annual return to the government for each recipient or supplier for the financial year. TDS certificate can be either Form 16
(R75I10A) or Form 26Q-P2P-IND (R75I122EQ). Form 16 is the TDS certificate which an individual submits and Form 26Q is the TDS certificate which a
company submits to the tax authorities.
TDS must also be deducted from payments issued to third parties by both corporate and noncorporate entities. The entity must deposit the amount owed for
withholding at any of the designated branches of banks that are authorized to collect taxes on behalf of the government of India. The entity must also submit the
TDS returns, which contain details about the payments and the challan for the tax deposited to the Income Tax Department (ITD).
For electronic TDS, companies must generate the Form 26Q for each financial quarter. This is a statutory requirement for the ITD.