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BUDGET CHANGES IN NEGATIVE LIST - PART III

Service Tax - By: - Dr. Sanjiv Agarwal - Dated:- 18-4-2015 - The following change in the negative list shall be applicable from the notified date after the enactment of Finance Bill, 2015: Betting gambling or lottery [Clause (i) of Section 66D] Finance Bill, 2015 has inserted the following explanation in clause (i) of section 66D- Explanation : For the purposes of this clause, the expression, 'betting gambling or lottery' shall not include the activity specified in Explanation - 2 clause .....

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n, in relation to, or for facilitation of, a transaction in money or actionable claim, including the activity carried out- by a lottery distributor or selling agent in relation to promotion, marketing, organising, selling of lottery or facilitating in organising lottery of any kind, in any other manner; by a foreman of chit fund for conducting or organising a chit in any manner. Finance Bill, 2015 has inserted an Explanation-2 in definition of 'service' (Clause 44 of section 66B) to sp .....

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explanation in clause (i) so as to exclude services of lottery distributor or selling agent in relation to promotion, marketing organizing, selling of lottery or facilitating in organizing lottery of any kind in any other manner from the scope of negative list. Thus, these services shall no longer be covered under negative list and be subject to levy of Service Tax. The intention in law has been to levy Service Tax on the services provided by distributors or selling agents of lottery. In this re .....

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