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SERVICE TAX by g. natarajan advocate, swamy associates

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1 SERVICE TAX by g. natarajan advocate, swamy associates

2 Basic Features Statutory provisions. Levy on service provider.
- Exceptions. Levy on realisation.

3 Classification of Service
Specific description than general description. Essential character. Which occurs first in the definition.

4 Valuation… Gross amount. Cum - tax. Abatements. Notification 12/2003.

5 Valuation… Services rendered free. Consideration in kind.
Reimbursement of expenses. Upto – No liability. Judgements and circulars. From – Concept of pure agent.

6 Proceedings in Service Tax
Issue of show cause notice. Adjudication. Appellate remedies. Commissioner (Appeals) CESTAT High Court / Supreme Court

7 Procedures in Service Tax…
Registration – Centralised Registration. Issue of invoice. Maintenance of records.

8 Procedures in Service Tax.
Payment of service tax. - Due date. - Advance payment. - e payment. - Self adjustment – if service not rendered. - Provisional payment. - Self adjustment of excess payments. Filing of return – ST 3. - Due date / Half yearly. - Revised return. - Fine for delayed return.

9 Penalties in Service Tax.
Sec. 76 – Delayed payment of S.Tax. Sec. 77 – General Penalty. Sec. 78 – Suppression, etc. Sec. 80 – Power of waiver. Rule 7 C – Fine for delayed return.

10 Certain important services.

11 Business Auxiliary Service.
Promotional activities. Customer care services. Procurement of goods or services. Production or processing. Provision of service on behalf of client. Manufacture – excluded. Notification 8/2005.

12 Commercial / Industrial construction Service.
Exclusion for roads, airports, railways transport terminals, bridges, tunnels, dams and ports. 67 % Abatement.

13 Construction of Residential Complex Service.
More than 12 units.. Personal use - exempted.

14 Erection, Commissioning and Installation Service.
Franchise Service.

15 Intellectual Property Service.
Management Consultant Service. Manpower recruitment / Supply agencies.

16 Goods Transport Agency Service.
Reverse Charge. Abatement. Exemption. Payment mode. No SSI exemption.

17 Renting of immovable property.
Support Services for business.

18 Works Contract Service.
Re-classification. Composition Scheme.

19 Legal Consultancy Service.
Only B2B covered. No liability for appearances.

20 Small Scale exemption. Threshold limit – Rs.10 lakhs. Conditions.

21 Export of Service and Import of Service.

22 Some new Services proposed in Budget 2010.
Corporate health check up. Medical record keeping. Brand Promotion. Commercial exploitation of events. Copyright.

23 www.swamyassociates.com mail@swamyassociates.com 93400 54477
THANKS


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