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Taxability of service imports settled

CA. A. Kumar (Associate Consultant) (2362 Points)

06 January 2009

A recent decision of the Mumbai High Court in Indian National Shipowners Association Vs. Union of India (2008-TIOL-633) appears to have authoritatively resolved a long standing matter of dispute regarding the charge of service tax on import of services into India. The Mumbai High Court has held that taxation of imports of services was legally permissible only after the introduction of Section 66 A of the Finance Act 1994 (the Act) with effect from April 18, 2006, and not for any period prior to that date.

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Rajesh Kumar (Advocate- Tax) (7806 Points)
Replied 08 January 2009

It is true. The service tax can levied on import of services only after introduction of Section 66A.

However, earlier there was a notification levying the similar taxes. That notification has not been quashed till date. As long as that notification remains on the statute book, the liability remains. Whether this judgment has been reported in any law report- give us the citation if possible.