Service Tax (Removal of Difficulties) Second Order, 2012 – Insertion of Explanation to section 66B of the Finance Act, 1994
ORDER NO. 2/2012, dated 29-6-2012
Whereas difficulties have arisen in giving effect to the provisions of section 143 of the Finance Act, 2012 (23 of 2012), in so far as it relates to insertion of section 66B in Chapter V of the Finance Act, 1994 (32 of 1994);
Now, therefore, in exercise of the powers conferred by sub-section (1-I) of section 95 of the said Finance Act, the Central Government, hereby makes the following Order, namely:-
1. (1) This Order may be called the Service Tax (Removal of Difficulties) Second Order, 2012.
(2) It shall come into force on the 1st day of July, 2012.
2. In the Finance Act, 1994 (32 of 1994), after section 66B, the following Explanation shall be inserted, namely:-
“Explanation.- For the removal of doubts, it is hereby clarified that the references to the provisions of section 66 in Chapter V of the Finance Act, 1994(32 of 1994) or any other Act, for the purpose of levy and collection of service tax, shall be construed as references to the provisions of section 66B.”
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WE HAVE IMPORTED THE GOODS, BUT FORFEITED THE PAYMENT TO SUPPLIER DUE TO DEFECTS IN SUPPLY. MY QUESTION IS WHETHER SERVICE TAX IS PAYABLE ON FORFEITED AMOUNT?
dear all professionals
Through this forum i would like to raise a very serios issue keeping all due respect to our parliamentary process and powers vested in governing bodies.
CAN THEY DO THIS ?
1. change the finance act or any of its provisions for any given reasons.
2. can the parliament deligate powers in this issue. do they have any rights to do so.
3. can anybody become in govt in it self and exercise powers which are only vested to parliament and assent of honorable president of india is must.
4. can not be this issue be taken up suo moto by honorable supreme court of india and pronounce verdict on it.
Friends i am not a legal expert on this subject of conatitution. but basic question arose in my mide and unable to stop my self to write this.
I am not mentioning what could order no 3 can do ? as i dont know.
Guys i urge for some very serious debate from experts on this issue.
Reagrds
Ca pravin dhandharia.
Ahmedabad
9327077643.