taxable services

Export Vis A Vis Place of Provision

Service Tax - A. THE LOCUS STANDI OF PLACE OF PROVISION The fiscal laws are intra territorial legislation, take for any taxation law, be it income tax or value added taxes, they sought to tax the “subject” only within the landmass of India. Contrarily Civil and Criminal legislations such as FEMA, extends to exterior jurisdictions as well, majorly t...

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The waves in the Taxability of ocean freight

Service Tax - From July 2012, Service Tax shall be levied on all services other than those enumerated in the negative list U/s. 66D of Finance Act 1994 or those provided in the Mega Exemption Notification No. 25/2012. Thus after an act fulfills the conditions of the definition of the term service, it shall be verified if the service falls under the Neg...

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Tax Structure for Hotel & Restaurant with Examples

Service Tax - Tax Details 1st June 2016 Rooms Tariff Luxury Tax 15.00% Service Tax 8.40% Swachh Bharat Cess 0.3% Krishi Kalyan Cess 0.3% Conference Hall Vat 12.5% Service Tax 9.8% Swachh Bharat Cess .35% Krishi Kalyan Cess .35% Luxury Tax 3% Service Charge 10% Restaurant Bills Vat 12.5% Service Tax 5.6% Swachh Bharat Cess 0.20% Krishi Kalyan […]...

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Take Aways & Tuck Shops- Taxable or Exempt under Service Tax?

Service Tax - Food is made and pre packed at some other place and packed food items are shelved on tuck shops. Tuck shops provide packed food available to the customers, employees, guests or visiting public where they are opened. Premises are not the property of tuck shop. Tuck shops are merely retail outlets where air conditioners are not installed....

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Service Tax Payable on PF & Bonus Under manpower services

Service Tax - Under manpower services – Provident fund and bonus paid shall be included in taxable service and service tax shall be charged Service Tax Payable on PF & Bonus Under manpower services Section 67 of the Finance Act, 1994- Valuation of Services In case of  “Laxmi  Construction v Commissioner  in CESTAT  Allahabad” 2016 STR 561...

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School bus, canteen, hostel & Auxiliary educational services exempt from service tax

Service Tax - Various representations have been received seeking clarifications regarding the levy of service tax on certain services relating to the education sector. Following are the representations received in this regard: Private Schools Correspondents Confederation, Madurai. Tamil Nadu Nursery, Primary, matriculation and Higher Secondary Schools ...

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FM's reply to debate on Finance (No.2) Bill,2009 in lok Sabha on 27th July 2009

Service Tax - Madam Speaker, at the outset, I would like to thank all the honourable Members who have participated in the discussion on the Finance (No.2) Bill, 2009. I would also like to thank all other stakeholders who have participated in the debate outside the House. I have immensely benefited from the valuable suggestions made both inside [&hellip...

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Service tax topics to be omitted and to be asked in November 2009 Examination for CA Final & PCE Students

Service Tax - Announcement for November 2009 examinations Professional Competence Examinations It is clarified that in Part –II : Service tax and VAT of Paper 5 : Taxation, students will not be tested on specific questions covering individual taxable services. Integrated Professional Competence Examinations It is clarified that in Part –II : Servic...

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Road Construction is exempt from Service Tax: CBEC

Service Tax - In a move that has implications for infrastructure firms such as L&T, Reliance Infrastructure, Simplex Infrastructure and Soma Enterprises, the government has clarified that construction of roads is not a taxable service, though repair, management and maintenance of roads will attract service tax. A Central Board of Excise and Customs...

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Service Tax Refund to exporters of 3 more services allowed

Service Tax - The three services qualifying for service tax refund are courier services, goods transport agency services availed for transport of export goods from the ‘place of removal’ (mainly factory gate) to actual place of export i.e inland container depot (ICD)/airport/port and transportation services in containers by rail from the ‘place o...

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VAT not leviable on 40% of restaurant bill, which is subject to Service Tax

Valley Hotel & Resorts Vs The Commissioner, Commercial Tax, Dehradun (Uttrankhand High Court) - Where the element of service has been declared and brought to tax vide notification dated 6 June 2012, by which Service tax is levied on 40% of the billed value in restaurant, no VAT can be imposed thereon on such amount. Copy of the decision is enclosed herewith....

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Reimbursable expenses is not includible in value of taxable services

Louis Berger International Inc. Vs CCE (CESTAT Bangalore) - We have considered the submissions made at length by both sides and perused the records. The issue for determination in this case is whether the reimbursable expenditure incurred by the appellant is chargeable to service tax or not. On perusal of the returns it appears that they had indicated this a...

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Provisions of Section 43B of the Income-Tax Act, 1961 held as not applicable to service tax

The Asst. Commissioner of Income Tax (Chennai) Vs M/s. Real Image Media Technologies Pvt. Ltd. (ITAT Chennai 'B' Bench) - The rigour of sec.43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly, the Assessee is never allowed deduction on account of service tax which is collected on behalf of the Govt., and paid...

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Work distribution in Mumbai Service Tax Commissionerate- Streamlining of, based on name of assessee

Trade Notice No. 2/2009 - (25/09/2009) - Attention of the Trade is invited to Trade Notice No. 2/2005-S.T., dated 31-3-2005, No. 21/2005, dated 4-7-2005, etc., notifying the geographical area of Service Tax Divisions-I & II and the allocation of various taxable services under both the said Divisions presently comprising of the concurrent g...

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Taxation of Services Provided from outside India and Received in India

Notification No. 37/2009 – Service Tax - (23/09/2009) - Legal Consultancy Services provided from outside India, in relation to immovable property shall be deemed to be import of services if the immovable property is situated in India. Legal Consultancy Services provided from outside India which are not in relation to immovable property shall be deemed t...

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Refund of service tax paid on in relation to the authorised operations in SEZ

Circular No. 114/08/2009-ST - (20/05/2009) - Circular No. 114/08/2009-ST Dated: May 20, 2009. F.No.354/163/2006-TRU Government of India, Ministry of Finance, Department of Revenue, (Tax Research Unit),Room No.153, North Block, New Delhi, Subject:   Refund of service tax paid on taxable services taxable services which are provided in r...

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Service tax on Theatre owners on activity of screening of films supplied by Film Distributor

Circular No. 109/03/2009 - (23/02/2009) - Circular No. 109/03/2009, dated 23-2-2009 -A query had been raised by the field formation as to whether the activity of screening of film supplied by a film distributor would fall under any of the taxable services and accordingly, whether the theatre owners are required to pay service tax on amount ...

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Service Tax Exemption for Services provided to GTA

Notification No.1/2009 – Service Tax - (05/01/2009) - Notification No.1/2009 – Service Tax Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable services specified in sub-clauses (j), (k), (zr), (zza), (zzb), (zzzf), (zzzq) and (zzzzj) of clause (105) of section 65 of the Finance Act,...

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Recent Posts in "taxable services"

Export Vis A Vis Place of Provision

A. THE LOCUS STANDI OF PLACE OF PROVISION The fiscal laws are intra territorial legislation, take for any taxation law, be it income tax or value added taxes, they sought to tax the “subject” only within the landmass of India. Contrarily Civil and Criminal legislations such as FEMA, extends to exterior jurisdictions as well, majorly t...

Read More
Posted Under: Service Tax |

The waves in the Taxability of ocean freight

From July 2012, Service Tax shall be levied on all services other than those enumerated in the negative list U/s. 66D of Finance Act 1994 or those provided in the Mega Exemption Notification No. 25/2012. Thus after an act fulfills the conditions of the definition of the term service, it shall be verified if the service falls under the Neg...

Read More
Posted Under: Service Tax |

Tax Structure for Hotel & Restaurant with Examples

Tax Details 1st June 2016 Rooms Tariff Luxury Tax 15.00% Service Tax 8.40% Swachh Bharat Cess 0.3% Krishi Kalyan Cess 0.3% Conference Hall Vat 12.5% Service Tax 9.8% Swachh Bharat Cess .35% Krishi Kalyan Cess .35% Luxury Tax 3% Service Charge 10% Restaurant Bills Vat 12.5% Service Tax 5.6% Swachh Bharat Cess 0.20% Krishi Kalyan […]...

Read More
Posted Under: Service Tax |

Take Aways & Tuck Shops- Taxable or Exempt under Service Tax?

Food is made and pre packed at some other place and packed food items are shelved on tuck shops. Tuck shops provide packed food available to the customers, employees, guests or visiting public where they are opened. Premises are not the property of tuck shop. Tuck shops are merely retail outlets where air conditioners are not installed....

Read More
Posted Under: Service Tax |

Service Tax Payable on PF & Bonus Under manpower services

Under manpower services – Provident fund and bonus paid shall be included in taxable service and service tax shall be charged Service Tax Payable on PF & Bonus Under manpower services Section 67 of the Finance Act, 1994- Valuation of Services In case of  “Laxmi  Construction v Commissioner  in CESTAT  Allahabad” 2016 STR 561...

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RCM ON RENT A CAB SERVICE-Is it that COMPLEX?

It’s been a while now since the amendment has come on Reverse Charge Liability on Rent a Cab Service. But, the Finance Departments of the Big Corporates are still facing hardship in calculating the correct amount of Reverse Charge Liability they need to deposit with the Service Tax Department, especially when they receive diversified in...

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Posted Under: Service Tax |

Service Tax on Aggregator Services

The term aggregator implies that there should be a web-based software application and a communication device to connect potential customers with the service providers to provide services under the brand name/trade name of the person owning the software application....

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Posted Under: Service Tax |

Service tax on Educational Services

The Education sector in India is poised at a crucial stage in its growth. Coaching which aids or supplements formal education also play a catalytic role in advancement of Education system in our country. Commercial training and coaching service was introduced in Budget 2003 with a view to tax the mushrooming coaching institutes and traini...

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Service Tax on Education Sector

Education sector is one of the most important sectors in our country. Service tax has become an important source of revenue collection for Indian Government. Since all the services are taxable w.e.f. 01.07.2012 except services covered under Negative List...

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Posted Under: Service Tax |

Service Tax on Restaurant Services – Clarification

RESTAURANT SERVICE CLARIFICATION -Hello everyone here i am again with an another article of mine on services provided by a restaurant in relation to food or beverages eating joint or mess other than those having the facility of air conditioned or central air heating in any part of the establishment at any time during the years...

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Posted Under: Service Tax |
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