Service Tax News, Articles, Notifications and Forms

The services provided by commission agent or a clearing and forwarding agent are not in the nature of trading of goods. These are auxiliary for trading of goods. In terms of the provision of clause (1) of section 66F reference to service does not include reference to a service used for providing such service. Moreover the title in the goods never passes on to such agents to come within the ambit of trading of goods. Full Article

The services relating to agriculture that are specified in the negative list are services relating to - agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or seed testing; Full Article

1 Are all services provided by the Reserve Bank of India in the negative list? Yes. All services provided by the Reserve Bank of India are in the negative list. Full Article

Service means any ACTIVITY carried out by a person for another for CONSIDERATION, and includes a DECLARED SERVICE, but shall not include; (a) An activity which constitutes MERELY, i. A transfer of title in GOODS or IMMOVABLE PROPERTY, by way of sale, gift or in any other manner; or ii. A transaction in money or ACTIONABLE CLAIM (b) A provision of service by an employee to the employer in the course of or in relation to his employment. Full Article

The taxability of services or the charge of service tax has been specified in section 66B of the Act. To be a taxable a service should be - provided or agreed to be provided by a person to another in the taxable territory ♦ and should not be specified in the negative list. Full Article

1. Services provided to the United Nations or a specified international organization; 2. Health care services by a clinical establishment, an authorised medical practitioner or para-medics; 3. Services by a veterinary clinic in relation to health care of animals or birds; 4. Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) by way of charitable activities; Full Article

Maintenance of records under the service tax is dealt with the provisions of Rule 5 of Service Tax Rules, 1994. According to the said rule following are the records required to be maintained for the purpose of service tax: Records including the computerised data as maintained by an assessee as per the various laws in force from time to time. Full Article

Before the date when CENVAT Credit Rules, 2004 had come into effect i.e.10.09.2004, CENVAT credit was available under Cenvat Credit Rules, 2002 Service Tax Credit Rules, 2002 . Service Tax Credit Rules, 2002 allowed to take cenvat credit of input service falls in the same category of taxable service as that of output service up to 13.05.2003. However wef 14.05.2003 these rules had been amended and cenvat credit of any input service could be taken. Full Article