Tol tax collection

This query is : Resolved

SANJAY KUMAR AGARWAL (Querist)
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05 August 2010 whether Tol tax Collection (on roads/Bridges) comes within the preview of service tax , if yes:

1. What is the basic exemption limit

2. What rate is applicable

3. Under which section of the act.

Thank you.

atul gupta

atul gupta (Expert)
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07 August 2010 THE DEPARTMENT IS ASKING TO PAY SERVICE TAX ON THE REMUNERATION RECEIVED AGAINST THE ACTIVITY OF COLLECION OF TOLL.
HOWEVER, IT IS UNDER DISPUTE WHETHER THIS ACTIVITY WILL FALL UNDER BUSINESS AUXILIARY SERVICE OR NOT, BECAUSE THE PERSON ON WHOSE BEHALF THIS ACTIVITY HAS BEEN DONE IS NOT PROVIDING ANY SERVICE (INSTEAD FULFILLING STATUTORY OBLIGATION, THEREFORE, THIS ACTIVITY WILL ALSO NOT FALL UDER "BAS".