Power of attorney

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ARUN KUMAR MAITRA (Querist)

10 August 2012 I am working as a full-time Co. Secy. in a Ltd. Company on contractual basis and drawing professional fees on monthly basis.Organisation is deducting TDS against my fees.Will it be necessary for me to obtain registration under the Service Tax Act? If I obtain the above registration, shall I get any extra benefit while calculating my taxable income under the Income Tax Act?

ARUN KUMAR MAITRA

ARUN KUMAR MAITRA (Querist)

10 August 2012 Heading on my above query may kindly be read as Service Tax Registration instead of Power of Attorney? Please modify it accordingly.

Guest

Guest (Expert)

13 September 2012 Dear Sir,

Are you paid salary or professional fees by your company ?

Also pls clarify whether TDS is deducted u/s 192 or 194J ?

Regards

Neha

Guest

Guest (Expert)

13 September 2012 Defination of service under service tax act -

"service" means any activity carried out by a person for another for consideration, and includes a declared service, but shall not include—

(a) an activity which constitutes merely,––

(i) a transfer of title in goods or immovable property, by way of sale, gift or in any other manner; or

(ii) a transaction in money or actionable claim;

(b) a provision of service by an employee to the employer in the course of or in relation to his employment;

(c) fees taken in any Court or tribunal established under any law for the time being in force.

Hence as per clause b if there is employer and employee relation then there is not ST since employment is not a service.

Pls revert for any other info required.

Regards

Neha

ARUN KUMAR MAITRA

ARUN KUMAR MAITRA (Querist)

14 September 2012 I am drawing monthly professional fee.Is there any exemption limit for professional income from service-tax?

Guest

Guest (Expert)

14 September 2012 Arun ji

Pls check this link

https://www.caclubindia.com/experts/service-tax-rule-933485.asp#.UFLgNrIgdXc

Guest

Guest (Expert)

14 September 2012 Hope this have resolved your query.

Post for any other clarification.

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