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| At Service Tax India, we Endeavour to provide information about applicability of Service Tax in India with the object to spread awareness among the service tax assesses. |
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Brief notes on Service Tax procedure are available with effective rate of Service Tax leviable from time to time, List of taxable services in India is also provided with tax deposit accounting code , Cess code You can also down load Service Tax Return ST-3 Form and Service Tax Challan GAR-7. Further you can access links to Service Tax Notifications , Circulars and Service Tax Rules though this web site issued till date. By using Ask Us option you can ask one question on Service Tax procedural matters for free.
We are operating as Tax Consultants in Chandigarh and it's adjoining areas of Punjab and Haryana.
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R.K Dhami
Tax Consultant
Chandigarh
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NEWS SECTION
Thursday, July 29th, 2010
The Bombay High Court has granted an interim stay on service tax levied by the Union Government on buildings under construction. The interim stay was granted by Justice V C Daga and Justice S J Kathawala, who admitted a petition filed byMaharashtra Chamber of Housing Industry (MCHI). The MCHI challenged the constitutional validity of Finance Act 2010, seeking to amend the Finance Act 1994 by introducing the service tax and explanation to section 65 (105) (zzq) and 65 (105) (zzzh) to introduce the Service Tax concept of “deemed service” for any commercial or industrial construction of residential complexes done prior to obtaining a completion certificate.
The MCHI in its Writ Petition urged the honourable High Court to restrain the respondents (Union of India and others) from any manner taking steps against the members of MCHI in respect of the transactions for constructions, development and sale of immovable property under the various provisions of the Finance Act, 1994 and a new entry as amended by the Finance Act 2010 in any manner. Source: expressindia.com
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| New Services Brought under Service Tax |
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Eight New services Added in Service Tax Net ( w.e.f 1-7-2010) |
- Services of promoting, marketing or organizing of games of chance, including lottery
- (ii) Health services : health check up undertaken by hospitals or medical establishments for the employees of business entities and ; health services provided under health insurance schemes offered by insurance companies.
- Services provided for maintenance of medical records of employees of a business entity.
- Services of promoting of a 'brand' of goods, services, events, business entity
- Services of permitting commercial use or exploitation of any event organized by a person or organization.
- Services provided by Electricity Exchanges
- Services related to two types of copyrights (a) cinematographic films; and (b) sound recording
- Special services provided by a builder etc. to the prospective buyers such as providing preferential location or external or internal development of complexes on extra charges
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E Payment and e-filing of service tax return. |
- Where an assessee has paid a total service tax of rupees ten lakh or more including the amount paid by utilisation of CENVAT credit, in the preceding financial year, he shall deposit the service tax liable to be paid by him electronically, through internet banking.”
- where an assessee has paid a total service tax of rupees ten lakh or more including the amount paid by utilisation of CENVAT credit, in the preceding financial year, he shall file the return electronically”.
Rule shall come into force on the 1st day of April, 2010.
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| GENERAL INFORMATION |
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Current Rate of Service Tax 10.3% w.e.f . 24 Feb 2009.
No Change this Year |
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| CASE LAWS / JUDGEMENTS |
Service Tax on Renting of Immovable Property - Retrospective Amendment Stayed by the High Court
TRENT LIMITED Versus UNION OF INDIA and Others [2010 -TMI - 76270 - HIGH COURT OF ANDHRA PRADESH], hon'ble high court of Andhra Pradesh has granted stay against the retrospective amendment to the provisions of Finance Act, 1994 for service tax on renting of immovable property. High Court has granted stay merely on the issue of retrospective amendment. Therefore, all the service providers should be careful as long as the prospective operation of the amendment is concerned.
SSIPL Retail Ltd. v. Union of India (Writ Petition (Civil) No. 13861 of 2009 decided on December 18, 2009 reported as [2010] 1 taxmann.com 51 (DELHI):
In this case the Delhi High Court has held that in view of judgment of Delhi High Court and the fact that the judgment has not been stayed by the Supreme Court, the revenue should not take action against landlords to collect service tax on rent.
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Know Services Tax |
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