Service Tax : Whether Charitable Trusts (CT) are liable to pay ST? Yes. Refer to charging section i.e. Section 66B which reads as follow: 66B. ...
Service Tax : It is not necessary that all the services provided by the GoI should be tax exempt. The point is that one should be extra cautious...
Service Tax : Service tax is supposed to be paid by the service provider (SP). However, in some of the cases like import of services, payment to...
Service Tax : The concept of reverse though important, has limited applicability in our day-to-day life. We are familiar with reversing a vehicl...
Service Tax : Statutory enactment is supposed to be drafted in a language which conveys the same meaning to all. This is for the reason that an...
Whether Charitable Trusts (CT) are liable to pay ST? Yes. Refer to charging section i.e. Section 66B which reads as follow: 66B. There shall be levied a tax …. provided ….. by one person to another……. Does it mean that CT will have to pay ST on services provided by it? Yes. Section 66D containing Negative List (NL) is not having any specific reference to services provided by CT. Hence, services provided by CT are taxable.
It is not necessary that all the services provided by the GoI should be tax exempt. The point is that one should be extra cautious while reading statutory provisions and more particularly the ST. An attempt has been made in this analysis to show how various prepositions viz. ‘to’, ‘by’ etc. plays an important role with respect to ST payable for services provided ‘by’ and ‘to’ the GoI.
Service tax is supposed to be paid by the service provider (SP). However, in some of the cases like import of services, payment to transporter for transport of goods by road, etc., the liability to pay tax has been cast on the service recipient (SR). Budget 2012 has made large number of changes in the scheme of taxation with respect to Service Tax (ST). Of the many changes, a major change has been with respect to extension of the Reverse Charge (RC) mechanism to many other services. Notification No.15/2012-Service Tax, dated 17th March, 2012 notifies the following taxable services and the extent of service tax payable thereon by the person liable to pay ST.
The concept of reverse though important, has limited applicability in our day-to-day life. We are familiar with reversing a vehicle for limited purposes. A vehicle cannot be driven in reverse for moving forward. However, when it comes to levy of taxation it is not the case. Under the ST, till 30th June, 2012 the concept of levying tax on reverse charge (RC) had limited applicability as only few types of transactions were covered there under. With effect from 1st July, 2012 the things are going to change dramatically.
Statutory enactment is supposed to be drafted in a language which conveys the same meaning to all. This is for the reason that any term conveying varied meanings can lead to chaos as it can be interpreted in varieties of ways over a different period of time. Not only that, interpretation will differ from person to person as well.
1.0 In any civilised society, a taxing statute is expected to be prospective i.e. levying the tax on the income / transaction which will take place in future. This is for the reason that, at the time of entering into the transaction, the tax payers (TP) must have knowledge of the taxes which he is expected to pay. It also provides an opportunity to the TP of carrying out cost-benefit analysis of the proposed transaction and to decide whether to enter into such a transaction or not.
GST is a tax on goods and services with comprehensive and continuous chain of set-off benefits from the producer’s / service provider’s point up to the retailer’s level i.e. up to the last level in the chain. It is essentially a tax only on value addition at each stage. The whole structure is devised in such a way that only the final consumer should bear the tax.
Health services undertaken by hospitals or medical establishments for the employees of business organizations and health services provided under health insurance schemes offered by insurance companies.
MAT – Making Companies slim Ms. Kareena Kapoor style Introduction: 1.0 The objective of new Direct Tax Code (DTC) as stated in the Discussion Paper (DP) published are broadening the base, minimize exemptions, horizontal and vertical equity etc. Since the proposed DTC touches all the aspects of taxation of income of all the types of […]
