TMI BlogNotes on clauses - Service taxX X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (3) in section 65A so as to provide that the provisions of that section shall not apply with effect from such date as the Central Government may, by notification, appoint. Sub-clause (C) seeks to insert a new section 65B with effect from such date as the Central Government may, by notification, appoint so as to define the following expressions actionable claim, advertisement, agriculture, agricultural extension, agricultural produce, Agricultural Produce Marketing Committee or Board, aircraft, airport, amusement facility, Appellate Tribunal, approved vocational education course, assessee, associated enterprise, authorised dealer of foreign exchange, betting or gambling, Board, business entity, Central Electricit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elve per cent. on the value of services, other than services specified in the negative list, provided or agreed to be provided in the taxable territory by a person to another. Proposed section 66C seeks to empower the Central Government to make rules to determine the place of provision of service having regard to the nature and description of various services. Proposed section 66D seeks to specify the following list of services as the negative list: (a) services by Government or a local authority excluding the following services to the extent they are not covered elsewhere, (i) services by the Department of Posts by way of speed post, express parcel post, life insurance and agency s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce; (e) trading of goods; (f) any process amounting to manufacture or production of goods; (g) selling of space or time slots for advertisements other than advertisements broadcast by radio or television; (h) service by way of access to a road or a bridge on payment of toll charges; (i) betting, gambling or lottery; (j) admission to entertainment events or access to amusement facilities; (k) transmission or distribution of electricity by an electricity transmission or distribution utility; (l) services by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The special audit shall be ordered where the service tax assesse has failed to declare or determine the value of taxable service or has availed and utilised credit of duty or tax beyond the normal limit or by means of, collusion or wilful mis-statement or he is having operations spread out in multiple locations. It is further proposed to provide that the chartered accountant or as the case may be, the cost accountant shall submit a report to the Commissioner on completion of the audit and such audit may be ordered even though such accounts had been audited under any other law for the time being in force. Before initiating proceedings on the basis of the report, a reasonable opportunity of being heard shall be given to the service tax asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ives the assent of the President. Sub-clause (N) seeks to amend section 85 to provide for the period of limitation for filing appeal before the Commissioner (Appeals) as two months extendable by one month from the date of receipt of decision or order of the adjudicating authority. The period of limitation extended by this sub-clause shall be applicable for all decisions or orders passed by the adjudicating authority on or after the date on which the Finance Bill, 2 012 receives the assent of the President. This amendment will take effect from the date on which this Bill receives the assent of the President. Sub-clause (O) seeks to amend section 86 with a view to provide for the period of limitation for filing appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmination of any tax liability, refund, credit of service tax or duties paid on inputs and input services or for carrying out the provisions of Chapter V of the Finance Act, 1994. This amendment will take effect from the date on which this Bill receives the assent of the President. Sub-clause (T) seeks to amend sub-section (2) of section 94, to omit clause (ee), to amend clause (hhh) and to insert new clauses (i) and (j) relating to power to make rules. These amendments will take effect from the date on which this Bill receives the assent of the President. Sub-clause (U) seeks to amend section 95 of the said Act, so as to empower the Central Government to issue orders for removal of difficulty in case of certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
