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Taxability of newly taxable services from June 1, 2015

Service Tax - By: - Bimal jain - Dated:- 23-5-2015 - Dear Professional Colleague, The Ministry of Finance, Department of Revenue vide Notification No. 14/2015-ST dated May 19, 2015 has notified that the following changes in relation to the Negative List of services contained under Section 66D of the Finance Act, 1994 ( the Finance Act ) shall be effective from June 1, 2015: Section 66D(f): Services by way of carrying out any processes for production or manufacture of alcoholic liquor for human .....

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ne form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; (ii) any activity carried out, for a consideration, in relation to, or for facilitation of, a transaction in money or actionable claim, including the activity carried out- (a) 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; (b) by a foreman o .....

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erts and award functions, if the amount charged for admission is more than ₹ 500. Whereas services by way of admission to exhibition of the cinematographic film, circus, dance, or theatrical performances including drama, ballets or recognized sporting events shall continue to be exempt; [Read with Notification No. 16/2015-ST dated May 19, 2015 vide which changes has been made in the Mega Exemption List of Services effective from June 1, 2015] However, as per TRU Clarification vide D.O.F.No .....

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st. Hence, Support services provided by Government or Local Authority to Business Entity will continue to be taxed under Reverse charge mechanism except (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of Section 66D of the Finance Act. Dilemma of change in taxability of new services effective from June 1, 2015: Rule 5 of the POT Rules Vs. Section 66B of the Finance Act: With the new services becoming taxable w.e.f. June 1, 2015, the .....

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taxing statute, the statutory provision containing the charging Section is of foremost importance. It is well settled law that levy of tax is one thing and collection thereof is quite different thing. Once the levy is attracted, the collection of tax may be at any different point/ stage/ event. Under the Finance Act, Section 66B of the Finance Act is the charging Section which levy Service tax on taxable services. We are reproducing herewith Section 66B of the Finance Act for the ease of conven .....

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dated May 19, 2015 has notified increase in the rate of Service tax from 12.36% to flat 14% (Subsuming Education Cess and Secondary & Higher Secondary Education Cess) to be effective from June 1, 2015.] The literal interpretation of the charging Section 66B of the Finance Act means that the levy of Service tax is on those service other than the one specified in the Negative List , provided or agreed to be provided . However, the collection of Service tax may be shifted to any point/ stage/e .....

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E COURT OF INDIA ],, wherein the Hon ble Supreme Court observed that the taxable event under the Service tax law is the rendition of service. Now, in view of the above discussions, the levy of Service tax is on the provision of service and accordingly, the service must be taxable service at the time of its rendition in order to attract Service tax levy. In other words, if at the time of rendition of service, it is covered under the Negative List, then as per Section 66B of the Finance Act, no Se .....

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all be payable to the extent the invoice has been issued and the payment received against such invoice before such service became taxable; As per this Rule 5(a) of the POT Rules, no Service tax is payable even if services are rendered after such service becomes taxable only when the invoice has been issued and the payment received against such invoice before such service became taxable. (b) no tax shall be payable if the payment has been received before the service becomes taxable and invoice ha .....

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e levy of Service tax is on the provision of service and accordingly, the service must be taxable service at the time of its rendition in order to attract Service tax levy. In view of the above discussed provisions, the matter is subjected to debate as to whether Service tax would be leviable on a service which was not a taxable service at the time of its rendition as being covered under the Negative List, merely because its payment is received on or after the date of levy and/ or the invoice is .....

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