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If a kidnapper kidnaps a child and ask his father to provide the ransom money for not harming his son. Whether service tax would be applicable on such transaction:-blush

 

Reply

Service means any activity performed for consideration and includes declared service.

Agreeing to the obligation to refrain from an act or to tolerate an act or a situation has also been specified as a declared service under section 66E of the Act.

From the above it appears that from refraining to harm his son in return of fixed sum of money as demanded by the kidnapper, the kidnapper provides a service. Hence, the kidnaper provides taxable service and is liable to service tax.  winkcheeky

Tax collection-Issues

Since, it is not possible for the government to collect tax possible for the government can impose reverse charge mechanism, where on payment to the kidnapper the father is liable to take registration pay service tax under reverse charge.

 

 

SATIRE- COMMON MAN NOW CANNOT EVEN IN REST IN PEACE. TAXING EVERY THING WILL NOT SERVE THE PURPOSE. LOOKING AT THE ATTITUDE OF THE GOVERNMENT, DAY IS NOT FAR WHEN THE GOVERNMENT WILL IMPOSE TAX ON THIS ALSO.angry

 

Replies (5)

I disagree with you Mr. NIRAV. The activity in question is illegal in nature. Hence not liable to be taxed!!!

SORRY MISS S TUTI 

 

YOU FAILED TO READ MY MESSAGE IN THE POST. MY MESSAGE WAS THAT GOVERMENT SHOULD NOT TRY TO IMPOSE TAX ON EVERYTHING, 

 

TAXES SHOULD NOT BE IMPOSED JUST TO INCREASE REVENUE. THERE ARE OTHER METHODS ALSO.

 

 

FURTHER, IN INCOME TAX ALSO TAXES ARE IMPOSED ON ILLEGAL ACTIVITIES. THIS PRINCIPLES CAN BE APPLIED IN SERVICE TAX ALSO.

 

ANYWAYS THIS WAS JUST FOR FUN.

 

HOPE YOU GET UR SATIRE RIGHT NEXT TIME MISS STUTI!!! CHILLsmiley

 

For your kind information Mr. Nirav, any contract for such activity as mentioned by you is unlawful in the eyes of law, and void ab initio.

Also, freedom to live peaceful existence without ant harm is a fundamental right in the constitution of India. Since it is our fundmental right, no one is doing a service by guranteeing not to harm us, hence no question of service tax. This has no constitutional validity. 

However as you said, Whatever i said was just in fun!! so u too chill!!!!smiley

AMAZED  BY UR REPLY

FIRST OF ALL IN THE ABOVE ACTIVITY THERE IS NO CONTRACT AT ALL.

DOES A FATHER ENTER INTO A CONTRACT WITH THE KIDNAPPER TO GET HIS SON KIDNAPPED??!!!!   LOL

 

TAKE A CHILL PILL

DON'T KNOW WHY UR FEELING OFFENDED..IF THAT IS THE CASE THEN I AM VERY SORRY smiley

For your kind Information Miss Stuti

The definition of ‘service' under the new law does not distinguish between legal activities and illegal activities, service tax would be leviable on illegal activities as well. The service tax law would treat illegal activities, in a manner which is similar to that, under the income tax law.


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