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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.
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 of custody along with permission to use or enjoy such goods, per se, does not lead to transfer of possession and effective control.
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 inequities; and
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
I am preparing this Note in order to clarify the position that none of the amendments relating to Direct Taxes, particularly those relating to TDS and TCS, will come into force with immediate effect. In other words, all the amendments relating to the Direct Taxes will become effective, only after the Finance Bill, 2012, is enacted as part of the Income-Tax Act, 1961.
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
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:
We have attached below a power point presentation (PPT) on Budget 2012 – Service Tax/ Excise/ Customs Duty/ GST. Which is authored by CA Bimal Jalan. PPt Covers the following Topics. Goods And Services Tax Service Tax – 2012 Taxation of Services – Negative List Introduction Of Negative Lists Services under Exempted List Definition Of Service Declared Services –S 66E
Reduction in set-off available in case of branch transfers effected outside the State has been increased from 2% to 4% w.e.f. 1 April 2012. Now effecting stock transfers from the State of Maharashtra to depots outside the State would entail higher cost.
These rules may be called the Maharashtra Value Added Tax (Second Amendment) Rules, 2012. 2. In rule 53 of the Maharashtra Value Added Tax Rules,2005, in sub-rule (3), (1) in clause (a), for the words, brackets and figures the amount calculated at the rate notified from time to time, by the Central Government for the purposes of sub-section (1) of section 8 of the Central Sales Tax Act, 1956 the words four per cent shall be substituted with effect from the 1st April 2012;
