is this steps permisisible

s.lohani (Final student) (1050 Points)

27 February 2009  

Suppose there are a husband and wife. Husband is a service provider(taxable service) and wife is a housewife. Suppose; if his wife gets a PAN card and the couple each establishes a Single proprietary firm for consultancy. Now; Mr A says his client to make the cheque (payment of the services he will give)in the name of his wife's firm; but it is Mr A who is giving the services. On paper he says it is his wife; whose firm is the service provider.Till now say Mr A's gross turnover is merely 14lac p.a. He is doing this thing just that the turnover of each firm doesn't exceeed 10 lac so he doesn't pay the service tax. In case of Income taxes; both of them individual records. In previous case, Mr A could only claim Rs 1 lac for payment of House loan under deduction; but now the couple will be able to claim 2 lacs for the same loan as the house is jointly owned by them. Is this allowed or made possible under Service Tax Rules as well as IT Act 1961.