The term “such as” is often used in statutes as well as judicial pronouncements. However, it is merely illustrative and not exhaustive. Definition of certain services and input service uses the term ‘such as’ which is purely illustrative but not exhaustive. See: Concise Oxford Dictionary: “Such as” means for example or of a kind that; and Chambers Dictionary: ‘Such as’ means for example.
Certain job work and production processes have been exempted from service tax. Carrying out an intermediate production process as job work in relation to –(a) agriculture, printing or textile processing; (b) cut and polished diamonds and gemstones; or plain and studded jewellery of gold and other precious metals, falling under Chapter 71 of the Central Excise Tariff Act, 1985.
Central excise officers are empowered to pay visits to the premises of the assessees. Such visits shall be subject to the following rules: (i) All visit to the premises of service tax assessees will be made by central excise officers only after giving a notice in writing explaining therein the purpose of such visit. (ii) The officers will clearly indicate the documents which may be required by them during their visits.
Services provided by a Common Effluent Treatment Plant Operator for treatment of effluent is exempt from Service Tax. Vide Notification No. 6/2015-ST dated 1.3.2015, this exemption entry has been inserted w.e.f. 1.4.2015 in mega exemption Notification No. 25/2012-ST dated 20.06.2012.
Under reverse charge mechanism w.e.f. 1-7-2012, the service receiver is liable to pay tax, without any benefit of threshold exemption alongwith service provider also liable for certain percentage on case to case basis (w.e.f. 1.7.2012 as per Notification No. 30/2012-ST, dated 20.6.2012 as amended by Notifications No. 45/2012-ST, dated 7.8.2012, 10/2014-ST, dated 11.7.2014 and Notification No. 7/2015-ST dated 1-3-2015).
A threshold exemption scheme was introduced in Union Budget 2005-06 (effective from 1.4.2005) exempting from service tax aggregate value of taxable services not exceeding four lakh rupees received by the service provider during a financial year. A point has been raised whether payments received after 1.4.2005 towards the services provided prior to 1.4.2005 would be included while computing this threshold value of Rs. 4 lakhs.
Section 83 of Finance Act, 1994 makes certain provisions of Central Excise Act, 1944 applicable to service tax. The issuance of summons is governed by section 14 of the Central Excise Act. While the field officers resort to issue of summons under section 14 even for seeking information or documents
Each service has been assigned a code (ECC code) for depositing the tax. Assessees are required to mention proper service code while tendering the payment to get proper and timely credit. Service tax assessees should quote new heads of accounts along with eight-digit serial code numbers as allotted by Controller General of Accounts, CBEC.
Knowledge is an eye for the blind, ears for the deaf, strength for the weak and all in all it is a boon for the mankind. It is argued that a person who is blind is weak only in one sense but the one who is uneducated is weak by all senses. For every benefit that you receive, a Tax is levied. Perhaps this seemed never so real than today in the Indian context.
Rule 2(e) defines ‘point of taxation’ as the point in time when a service shall be deemed to have been provided. This will be determined as per Point of Taxation Rules 2011. The determination of point of taxation shall be crucial to determine the timing of service tax liability and the applicability of rate of service tax. The taxability will be decided by point of taxation only. The Point of Taxation rules provide for various situations to determine the point of taxation.
