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I have been reading a few posts by the new generation complaining about improper way the service tax, service charges and VAT (Value Added Tax) is levied. It is not only the youngsters who are ignorant about the extant law on service tax but even few of the journalists are also not aware about the exact law on service and have written misleading articles .
The Uttarakhand Cess Act, 2015 was enacted by the The Uttarakhand legislative Assembly vide notification- 334/XXXVI(3)/2015/57(1)/2015 dt. Dehradun, November, 2015. with a clause that it shall come into force on such date as the state Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
The article is an attempt to provide a detailed overview on the subject but there is a requirement to amend the law to provide clarification about certain key issues and unless otherwise provided in the law, it would only result in litigations and demands being created against the assessee. The law should be clear and unambiguous about the rights of the assessee and how it seeks to levy tax on the goods incorporated.
Before the article goes into its technicalities it is worth to remind you about the budget of Delhi Govt. presented by Deputy CM Mr. Sisodia and the budgeted receipts for FY 2015-16 were Rs. 41500 Cr. out which Rs. 24000 Cr. was from VAT and as per reports till first week of January 2016 the Govt. has collected Rs. 14720 Cr. meaning hereby deficit of Rs. 9000 Cr. need to be collected in just 02 and half month.
In an era of zealous consumers wanting everything at the drop of a hat, we see a number of new start-ups mushrooming everyday with their unique and ingenuous ideas. We recently met the founderts of one such start-up that made us explore quite an interesting proposition. The start-up offers various items of clothing on rent to its customers including casual wear, party wear and designer wear which, for valuable consideration, are rented out to the customers for fixed number of days.
Currently, there is lot of confusion among the industry, trade and the taxmen on whether the activity of Renting of movable goods or supply of tangible goods attracts Service Tax or whether it attracts Sales Tax. The confusion has only been used as a tool by the departmental officials in issuing demand notices under both the tax laws and therefore a tug of war.
In order to curb tax evasion of selected notified commodities which are brought into the State and sold without any tax payment to the exchequer, the Tamilnadu State Government has brought a new advance Inward way bill format to be generated through online, like e-sugam as in force in the state of Karnataka, in the newly created web portal viz., e-C Tax with effect from 29.01.2016.
Electronic commerce, commonly written as e-commerce, is the trading or facilitation of trading in products or services using computer networks, such as the Internet (From Wikipedia, the free encyclopedia). In recent time the transactions conducted through e-commerce have grown manifold and Govt. is little concerned on its taxation parts specially VAT.
In union territory of Daman and Diu VAT Rate on Sale / Purchase of Goods mentioned in Third Schedule will be 5 % with effect from 14.01.2016 instead of 4%. Related Notification is as follows :-
Dayal R Kundani Notification: No. 80-FIN-CT1-TAX-0020-2015 Dtd 1st Jan, 2016 Goods taxable at the rate of 13.5% shall now be taxable at the rate 14.5 % for list of goods subject to Value Added Tax on Turnover of Sales or Purchases (General rate – Schedule B Part III)