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Service Tax

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About Service Tax

            Article 265 of the Constitution lays down that no tax shall be levied or collected except by the authority of law. Schedule VII divides this subject into three categories-

a)

Union list (only Central Government has power of legislation)

b)

State list (only State Government has power of legislation)

c)

Concurrent list (both Central and State Government can pass legislation).

Initially service tax was imposed under residuary powers of Entry 97 of List I of Seventh Schedule to Constitution of India. It was introduced w.e.f. 1-7-1994 and its scope is being expanded every year. Service tax is not payable if service is provided in J&K          

Vide constitution (95th amendment) Act, 2003, new article 268A has been inserted for Service Tax levy by Union Govt., collected and appropriated by the Union Govt.,  and amendment of seventh schedule to the constitution, in list I-Union list after entry 92B, entry 92C has been inserted for taxes on services as well as in article 270 of the constitution the clause (1) article 268A has been included.

Service is being governed by the provisions of Chapter V of F Act, 1994 and Various Rules and Regulations, Cenvat Credit Rules, 2004 issued there under. List of taxable services can be found here.

There are various exemption notifications which exempt certain services conditionally or unconditionally, partly or wholly from the payment of service tax.

We have not only compiled all the exemption notification issued under service tax but we update the notifications regularly with the amendment notifications issued for this purpose. The updated and amended effective notifications can be located  as: effective exemption notification.

From time to time, Board issues circulars, instruction and clarifications etc for various purposes.

 

Case Laws:

In Taxation, litigations are bound to happen. We try to cover maximum case laws as far as possible as pronounced by tribunal, high courts and Supreme Court of India.

 

(We wish that you would find this section useful. Any discrepancy or error may please be brought to our notice for correction.)

 
 
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