close Change the way you learn with CCI Online Coaching   view more

Please Wait ..

Sign-in to your account


Username:
Password:

Remember Me

Forgot your password?

Sign-up now



Join CAclubindia.com and Share your Knowledge. Registered members get a chance to interact at Forum, Ask Query, Comment etc.


Discussion > Service Tax >

Service tax clarification

    Post New Topic
Pages : 1





Lerner

[ Scorecard : 95]
Posted On 20 July 2012 at 04:58 Report Abuse

What is declared services ?,Because Govt already introducued negative list of services which is not taxable, So other than negative list every thing is covered under taxable services, Is there any specific reason introduced for this declared services.
 

and

is cover below activities under service tax liability(either SP or SR,both)

Water charges(Local muncipalities,Panchayats provided to industries), self power generation duties, Property tax, etc., Because Power distribution under covered under negative list, no details about other govt activities

Please correct me if my understanding is wrong.

 

 



Roshan Thomas
C.E.O

[ Scorecard : 194]
Posted On 20 July 2012 at 08:24

Declared services have been specifically listed so as to remove any ambiguities in the Service Tax Law. The new ST Law has defined Service and it may lead to doubts regarding taxability of certain services already taxed under old law. 

Following are declared services ( it is to be noted that all except Sl No. 5 is taxed under old law)

 

1. renting of immovable property;
2. construction of a complex, building, civil structure or a part thereof, including a
complex or building intended for sale to a buyer, wholly or partly, except where the
entire consideration is received after issuance of certificate of completion by a
competent authority;
3. temporary transfer or permitting the use or enjoyment of any intellectual property
right;
4. development, design, programming, customization, adaptation, up gradation,
enhancement, implementation of information technology software;
5. agreeing to the obligation to refrain from an act, or to tolerate an act or a situation,
or to do an act;
6. transfer of goods by way of hiring, leasing, licensing or any such manner without
transfer of right to use such goods;
7. activities in relation to delivery of goods on hire purchase or any system of payment
by instalments;
8. service portion in execution of a works contract;
9. service portion in an activity wherein goods, being food or any other article of human
consumption or any drink (whether or not intoxicating) is supplied in any manner as
part of the activity.
 
Regarding the second part of your question -
Water charges(Local muncipalities,Panchayats provided to industries) - Exempted under negative list
self power generation duties - I do not know
Property tax - Exempted under negative list 



Prateek Agarwal
Sr. Executive - Finance & Accounts

[ Scorecard : 1724]
Posted On 20 July 2012 at 10:54

Thanks Roshan for a crystal clear reply.



prashanta
accountant

[ Scorecard : 45]
Posted On 20 July 2012 at 14:28

thanks sir , for guidance 

 



RENGARAJ R.K
GM/INDIRECT TAXES

[ Scorecard : 2896]
Posted On 20 July 2012 at 17:32

Mr Prasade,

 

For your first part of the query, the answer is this:

 

After the 46th amendment in the Indian Constitution,  taxing definiton was expanded to the folowing categories where the State Government can levy the taxes on such transactions.  The amendment states, "It is, therefore, proposed to suitably amend the Constitution to include in article 366 a definition of "tax on the sale or purchase of goods" by inserting a new clause (29A). The definition would specifically include within the scope of that expression tax on---

(i) transfer for consideration of controlled commodities;

(ii) the transfer of property in goods involved in the execution of a works contract;

(iii) delivery of goods on hire-purchase or any system of payment by instalments;

(iv) transfer of the right to use any goods for any purpose for cash, deferred payment or other valuable consideration;

(v) the supply of goods by an unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;

vi) the supply, by way of or as part of any service, of food or any drink for cash, deferred payment or other valuable consideration.

 

Therefore in order to tax on the service portion in such categories, the Central Government has decided to call it as specified services. For e.g works contract.  Morever, in renting of immovable properties the Hon'ble High courts of mumbai and delhi questioned the charging section of the Service Tax stating what service is involved in renting? So, such services are included and declared in the specified services to remove ambiguity and disputes.


There are 4 Replies to this message






Related Files








Related Threads


Post your reply for Service tax clarification



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.