CA Pradip R Shah

Tax on Services Provided ‘by’ & ‘to’ Charitable Trust

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. 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...

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Service tax on Services Provided ‘by’ & ‘to’ Government

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 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 payab...

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Operational Issues Arising Under Reverse Charge Mechanism Scheme of Service Tax

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 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 Se...

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Partial Reverse Charge Mechanism – Putting Service Tax in Forward Gear

Service Tax - 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 ...

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Preferential Treatment to Services Relating to Preferential Location

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 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. ...

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Recent Posts in "CA Pradip R Shah"

Tax on Services Provided ‘by’ & ‘to’ Charitable Trust

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...

Read More

Service tax on Services Provided ‘by’ & ‘to’ Government

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 payab...

Read More

Operational Issues Arising Under Reverse Charge Mechanism Scheme of 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 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 Se...

Read More

Partial Reverse Charge Mechanism – Putting Service Tax in Forward Gear

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 ...

Read More

Preferential Treatment to Services Relating to Preferential Location

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. ...

Read More
Posted Under: Service Tax |

Retrospective Amendments – High-time for Introspection by India

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 o...

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Posted Under: Service Tax |

A Primer on Proposed Tax System on Goods and Services Part-I: Basic Concept and Framework

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 fina...

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Posted Under: Service Tax |

Budget 2010-11- Levying tax on Medical Services – The Case of Delivering a Deformed Baby

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....

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Posted Under: Service Tax |

MAT provisions under direct tax code and its impact on tax liability

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 [&he...

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Posted Under: Service Tax |

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