Budget

ICAI Post Budget 2012 memorandum on Indirect Tax

1. Amendments in Service Tax Rules and Point of Taxation Rules, which are effective from 01 .04.2012. 2. Amendments in Statutory provisions which will be effective from the enactment of Finance Bill, 2012. 3. Amendments in Section 65B – Interpretations – effective along with negative list based taxation.
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Exempt Services & Exemption from Service tax

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;
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Service tax on ‘transfer of right to use goods’

Transfer of right to use goods is a well recognized constitutional and legal concept. Every transfer of goods on lease, license or hiring basis does not result in transfer of right to use goods. Transfer of right of goods involves transfer of possession and effective control over such goods in terms of the judgment of the Supreme Court in the case of State of Andhra Pradesh v. Rashtriya Ispat Nigam Ltd. [Judgment dated 6/2/2002 in Civil Appeal no. 31 of 1991]. Transfer o..
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Are Government and local authorities liable to pay service tax?

Yes. However, most of the services provided by the Government or local authorities are in the negative list. Rationale behind taxing certain activities of the Government or local authorities. Only those activities of Government or local authorities are taxed where they compete with private entities. The rationale is as follows- to provide a level playing field to private entities in these areas as exemption to Government in such activities would lead to competitive in..
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Taxability of composite transactions which in addition to a transfer of title in goods involve an element of provision of service

The manner of treatment of such composite transactions for the purpose of taxation, i.e. are they to be treated as sale of goods or provision of service, has been laid down by the Hon’ble Supreme Court in the case of Bharat Sanchar Nigam Limited v. Union of India [2006 (2) STR 161 (SC)]. The relevant paras 42 and 43 of the said judgment are reproduced below
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Budget 2012 – Direct Tax Proposals Highlight

Alternate Minimum Tax (AMT) on all persons other than companies - * Under the existing provisions, AMT is levied on LLP. Now AMT is also proposed to be levied on partnership firms, sole proprietorship, AOP
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Service Tax Return / Payment – Monthly, Quarterly, Half yearly?

Budget 2012 Presented by Finance Minister on 17.03.2012 proposed that the cycles for the payment service tax and filing of return should coincide. In View of the same Following Changes are proposed in Rules Related to periodicity of Service tax Return Filing and Service tax payment.
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Harmonisation of Service Tax and Central Excise Registration

It is proposed to prescribe a common application format (as per Annexure 1) for seeking registration under Central Excise as well as Service Tax. It is also proposed to revisit the process of registration under both Central Excise and Service Tax to amend procedures prescribed in respect of registration. The changes proposed in respect of Registration processes are as follows:
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