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SERVICE TAX by s.jaikumar advocate

SERVICE TAX by s.jaikumar advocate. Basic Features. Statutory provisions. Levy on service provider - Exceptions. . Levy on realisation. . Classification of Service. Specific description than general description. Essential character. Which occurs first in the definition.

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SERVICE TAX by s.jaikumar advocate

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  1. SERVICE TAXbys.jaikumaradvocate

  2. Basic Features • Statutory provisions. • Levy on service provider - Exceptions. • Levy on realisation.

  3. Classification of Service • Specific description than general description. • Essential character. • Which occurs first in the definition.

  4. Valuation… • Gross amount. • Cum - tax. • Abatements. • Notification 12/2003.

  5. Valuation… • Services rendered free. • Consideration in kind. • Reimbursement of expenses. Upto 18.04.2006 – No liability. Judgements and circulars. From 19.04.2006 – Concept of pure agent. Malabar Management Services VS CCE 2008(9) STR 483

  6. Proceedings in Service Tax • Issue of show cause notice. • Adjudication. • Appellate remedies. Commissioner (Appeals) CESTAT High Court / Supreme Court

  7. Procedures in Service Tax… • Registration – Centralised Registration. • Issue of invoice. • Maintenance of records.

  8. Procedures in Service Tax. • Payment of service tax. - Due date. - Advance payment. - e payment. - Self adjustment – if service not rendered. - Provisional payment. - Self adjustment of excess payments. • Filing of return – ST 3. - Due date / Half yearly. - Revised return. - Fine for delayed return.

  9. Penalties in Service Tax. • Sec. 76 – Delayed payment of S.Tax. • Sec. 77 – General Penalty. • Sec. 78 – Suppression, etc. • Sec. 80 – Power of waiver. • Rule 7 C – Fine for delayed return.

  10. Certain important services.

  11. Business Auxiliary Service. • Promotional activities. • Customer care services. • Procurement of goods or services. • Production or processing. • Provision of service on behalf of client. • Manufacture – excluded. • Notification 8/2005.

  12. Commercial / Industrial construction Service. • Exclusion for roads, airports, railways transport terminals, bridges, tunnels, dams and ports. • 67 % Abatement.

  13. Construction of Residential Complex Service. • More than 12 units.. • Personal use - exempted.

  14. Consulting Engineering Service. • Foreign Technological transfers. Novinon Ltd. VS CCE 2006 (3) STR 397 • To cover software too. Customs House Agents Service.

  15. Erection, Commissioning and Installation Service. Franchise Service.

  16. Intellectual Property Service. Management Consultant Service. Manpower recruitment / Supply agencies.

  17. Goods Transport Agency Service. • Reverse Charge. • Abatement. • Exemption. • Payment mode. • No SSI exemption.

  18. Renting of immovable property. Support Services for business.

  19. Works Contract Service. • Re-classification. • Composition Scheme. • Vice of Notification 1/2006. • Diebold Systems (P) Ltd Vs CCE 2008 (9) STR 546. Air Liquide Engg. India (P) Ltd. Vs CCE 2008 (9) STR 486.

  20. Sale Vs Service.

  21. Small Scale exemption. • Threshold limit. • Conditions.

  22. Commercial Concern VsAny person.

  23. Export of Service and Import of Service.

  24. THANKS

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