begins the response with the specified tag. It then provides a concise 3 sentence summary of the key points about service tax - that it is an indirect tax imposed in India except J&K, who collects it, and that it came into effect in 1994. This hits the key essential information from the document in under 3 sentences as requested.
The following Presentation enumerates the various provisions w.r.t. ITC, how it can be used,eligibilty and conditions for claiming ITC along with various case studies and illustrations. further, it elaborates the concept of input service distributor.
1. presentation on input tax credit under gstNarayan Lodha
GST, Goods And Service Tax, Basic Concept and Principals of Input Credit under GST, Availability of ITC in Special cases, ITC- Input Service Distributor, Electronic Cash Ledger, Electronic Credit Ledger, Refund of Tax under GST
The following Presentation enumerates the various provisions w.r.t. ITC, how it can be used,eligibilty and conditions for claiming ITC along with various case studies and illustrations. further, it elaborates the concept of input service distributor.
1. presentation on input tax credit under gstNarayan Lodha
GST, Goods And Service Tax, Basic Concept and Principals of Input Credit under GST, Availability of ITC in Special cases, ITC- Input Service Distributor, Electronic Cash Ledger, Electronic Credit Ledger, Refund of Tax under GST
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Unlike erstwhile indirect tax regime, GST promises seamless credit on goods and services across the entire supply chain with some exceptions. In this webinar, we shall understand and analyse the provisions related to Input Tax Credit under the GST law
One of the fundamental features of GST is the seamless flow of input credit across the chain and across the country for supply of Goods or Services. Know more about ITC under GST at https://cleartax.in/s/gst-input-tax-credit/
Presentation on the Indirect Tax system in India, the need for tax reforms, the journey to GST, basic understanding and features of GST and the benefits of GST.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Unlike erstwhile indirect tax regime, GST promises seamless credit on goods and services across the entire supply chain with some exceptions. In this webinar, we shall understand and analyse the provisions related to Input Tax Credit under the GST law
One of the fundamental features of GST is the seamless flow of input credit across the chain and across the country for supply of Goods or Services. Know more about ITC under GST at https://cleartax.in/s/gst-input-tax-credit/
Presentation on the Indirect Tax system in India, the need for tax reforms, the journey to GST, basic understanding and features of GST and the benefits of GST.
Service tax continues to be a complex tax law. The makers of law, in effort to project GST as the future law, preferred to ignore the agony of the tax payer in its current form.
The way things are moving GST is not slated to be a better tax law and shall give more pain than relief. The debate on GST is going to be a long battle. Advisable to digest the present service tax law as in all probability it would form basis for the new law.
What is equalization levy? When is it charged? What rate is it levied at? Who is liable to pay such tax? Know all about this new model of collecting tax through our latest article.
The presentation talks about the detailed procedures for Registration, Return Filing, Classification of Services, Bundled Services, Assessments, Records, Invoicing requirements, Revision of returns etc. I am sure it will be useful to all.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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2. About Service Tax
Service Tax is a tax imposed by Government of India on services
provided in India. It is applicable all over India, except in the State
of Jammu and Kashmir. However, services provided from Jammu and
Kashmir outside Jammu and Kashmir are still liable to service tax.
The service provider collects the tax and pays the same to the
government. It is categorized under Indirect Tax and came into
existence under the Finance Act, 1994.
From 2012, service tax is imposed on all services, except those
which are specifically exempted under law, known as negative list
(Section 66d of Finance Act 1994) of services.
In budget presented for 2008-2009, it was announced that all small
service providers whose turnover does not exceed Rs.10 Lakhs
during the financial year need not pay service tax.
Service tax at a rate of 14 percent will be imposed on all applicable
services from 1 June 2015 includes education cess 2% and higher
education cess is 1%.
3. History of Service Tax
The imposition of service tax in India started after the report of
“Chelliah committee on tax reforms”.
Based on this report, the then Finance Minister of India (Dr Manmohan
Singh, 1994-95) introduced the concept of tax on services.
For the past two decades, service tax in India was levied under
“selective approach” which means only selective services were taxed.
The government used to issue a list of services on which service tax
was to be paid by the person providing the services.
However, budget 2012 introduced a new concept of “negative list”,
under which all services are to be taxed, except for those mentioned
in the “negative list”. This approach is known as comprehensive
approach.
Matters related to service tax in India are handled by CBEC (Central
board of Excise and Customs).
4. Financial
Year
Number of
services
Rate charged
(in
percentage)
Number of
Assesses
Revenue
Rupees
(in crores)
1994-1995 3 5 3943 407
1995-1996 6 5 4866 862
1996-1997 6 5 13982 1059
1997-1998 18 5 45991 1586
1998-1999 26 5 107479 1957
1999-2000 26 5 115495 2128
2000-2001 26 5 122326 2613
2001-2002 41 5 187577 3302
2002-2003 52 5 232048 4122
2003-2004 62 8 403856 7891
2004-2005 75 12 774988 14200
2005-2006 84 12 846155 23055
2006-2007 99 12.24 940641 37598
2007-2008 100 12.36 1073075 51301
2008-2009 106 12.36 1204570 60941
2009-2010 109 10.30 1307286 58422
2010-2011 117 10.30 1372274 71016
2011-2012 119 10.30 1535570 97509
2012-2013
Negative List
Regime
12.36 1712617 132518
Service
Tax
over
the
years
5. Negative List of Service Tax
Negative list of Service Tax is comprised of following 17 heads.
Services by Government or a local authority (Eg: Indian Posts, Airways,
etc)
Services by the Reserve bank of India;
Services by a foreign diplomatic mission located in India.
Trading of goods.
Any process amounting to manufacture or production of goods.
Services relating to agriculture or agricultural produce, (Eg: supply of
farm labour, loading, unloading, packing, storage or warehousing of
agricultural produce, etc)
Service by way of access to a road or a bridge on payment of toll
charges.
Betting, gambling or lottery.
Admission to entertainment events or access to amusement facilities.
6. Continuation of Negative List
Transmission or distribution of electricity by an electricity
transmission or distribution utility.
Selling of space or time slots for advertisements other than
advertisements broadcast by radio or television.
Services by way of transportation of goods
Services by way of education
Services by way of renting of residential dwelling for use as
residence;
Financial Services
Service of transportation of passengers, with or without
accompanied belongings
Funeral, burial, crematorium or mortuary services including
transportation of the deceased.
7. Registration of service tax
A person liable to pay service tax must apply for registration before
he starts paying service tax and filing return.
The word "Person" shall include any company or association or body
of individuals, whether incorporated or not. Thus, this expression
includes any individual, HUF, proprietary firm or partnership firm,
company, trust, institution, society etc.
Service providers having centralized accounting or centralized billing
system who are located in one or more premises, at their option,
may register such premises or office from where centralized billing
or centralized accounting systems are located and thus have
centralized registration.
In case of multiple services provided by an assessee, As per sub-
rule (4) of rule 4 of the Service Tax Rules, 1994, only one Registration
certificate is to be taken even if the person provides more than one
service from the same premises for which registration is sought.
However, while making application for registration, all taxable
services provided by the person should be mentioned.
8. Continuation Registration of service tax
If there is centralized registration, only one registration certificate is
required for services provided from different premises, declared in
the application for centralized registration.
In case, assessee starts providing a taxable service not mentioned
in the registration certificate He should intimate to the jurisdictional
Assistant Commissioner or Deputy Commissioner of Central Excise in
writing if there is a change in any information or details furnished by
him in the original ST-1 form submitted at the time of obtaining
registration or if he intends to furnish any additional information or
details within a period of thirty days of such change.
Any change in premises/office, as mentioned in Form ST-1, should be
intimated to jurisdictional Assistant/Deputy Commissioner Central
Excise.
9. Payment of service tax
Form G.A.R.7 (previously known as TR6 Challan) should be
used to make service tax payments. Payment of service tax
may be made at the specified branches of the designated
banks.
Service Tax can also be paid electronically, using e-payment
facility.
In case of Individuals or Proprietary Concerns and Partnership
Firm, service tax is to be paid on a quarterly basis.
In case of any other category of service provider, service tax is
to be paid on a monthly basis, by the 5th of the following
month (in case of e-payment, by 6th of the month
immediately following the respective month). However,
payment for the month of March is required to be made by
31st of March itself.
10. Continuation: Payment of service tax
Category Frequency Due Dates
In case of Individuals,
Proprietary Firms &
Partnership Firms
1st Quarter - April
to June
on or before 5th July
2nd Quarter - July
to September
on or before 5th
October
3rd - October to
December
on or before 5th Jan
4th – Jan to Mar –
31st march
on 31st March
11. Penalty on delayed payment
Every person, liable to pay the service tax in accordance with the
provisions of section 68 of the Act or rules made there under, who fails to
credit the tax or any part thereof to the account of the Central
Government within the period prescribed, shall pay simple interest @18%
per annum.
Sl.No. Period of delay Rate of Simple Interest Per Annum
1 Up to six months 18 percent
2
More than six months and
up to one year
18 percent for the first six months of delay;
24 percent for delay beyond six months
3 More than one year
18 percent for the first six months of delay;
24 percent for period beyond six months up
to one year; 30 percent for any delay beyond
one year
12. Refund of Service Tax
Where an assessee has issued an invoice, or received any
payment, against a service to be provided which is not so
provided by him either wholly or partially for any reason,
or where the amount of invoice is renegotiated due to
deficient provision of service, or any terms contained in a
contract the assessee may take credit of such excess
service tax paid by him, if the assessee:-
a) has refunded the payment or part thereof, so received
for the service provided to the person from whom it was
received or
b) has issued a credit note for the value of the service not
so provided to the person to whom such an invoice has
been issued.
13. Filing of returns
ST-3 Return is required to be filed twice in a financial year – half yearly.
Return for half year ending 30th September and 31st March are required
to be filed by 25th October and 25th April, respectively.
Filing of return within the prescribed time limit is compulsory, even if it
may be a nil return, failing which penal action is attracted.
The details in respect of each month/ Quarter, as the case may be, of
the period for which the return is filed, should be furnished in the Form
ST-3, separately. The instructions for filing return are mentioned in the
Form itself.
It should be accompanied by copies of all the GAR-7 Challans for
payment of Service Tax during the relevant period.
Revised return: Under rule 7B of Service Tax Rules, 1994 an assessee
may submit a revised return, in Form ST-3, in triplicate, to correct a
mistake or omission, within a period of ninety days from the date of
submission of the return under Rule 7. However, where an assessee
submits a revised return, the relevant date for the purpose of recovery
of service tax, if any, under section 73 of the Finance Act, 1994, shall be
the date of submission of such revised return
14. Records
There are no specific statutory records which have to be
maintained by a Service Tax assessee. The records including
computerized data, if any, which are being maintained by an
assessee on his own or as required under any other law in force,
such as Income Tax, Sales Tax etc. are acceptable for the purpose
of Service Tax
However, under the revised rule 5(2) of the STR, 1994 (with effect
from 28th December, 2007), the assessee is required to provide to
the jurisdictional Superintendent of Central Excise/Service Tax a
list, in duplicate, of all the records prepared or maintained by
the assessee for accounting of transactions.
If it is felt necessary, the Department can call for additional
information/ documents for scrutiny.
In the event of failure to make available the records/documents, a
penalty of Rs. 10000 or Rs.200 for every day during which such
failure continues, whichever is higher, starting with the first day
after the due date, till the date of actual compliance, is imposable
on the assessee under amended section 77 of the Finance Act, 1994
15. Invoice/Bill:
Issue of Invoice/Bill/Challan by a Service Tax assessee is
mandatory as per Rule 4A of the STR, 1994. The same
should be issued within 14 days from the date of
completion of taxable service or receipt of payment
towards the service, whichever is earlier.
The invoice/bill/challan should contain the following
information
i. Serial number.
ii. Name, address and registration no. of the service
provider.
iii. Name and address of the service receiver.
iv. Description, classification and value of taxable service
being provided or to be provided.
v. The amount of Service Tax payable (Service Tax and
Education cess should be shown separately)
16. Continuation: Invoice/Bill
If the service provider is a Banking company, the details at Sl. No (i) and
(iii) are not necessary.
In respect of the taxable services relating to the transport of goods by road,
provided by the Goods Transport Agency, the service provider should issue a
consignment note containing the following information (Rule 4B of the STR,
1994): -
i. Serial Number
ii. Name of the consignor and consignee
iii. Registration no. of the vehicle
iv. Details of the goods transported
v. Details of the place of origin & destination
vi. Person liable for payment of Service Tax (consignor /consignee / GTA)
All records and documents concerning any taxable service, CENVAT
transactions etc. must be preserved for a minimum period of 5 years
immediately after the financial year to which such records pertain (Rule
5(3) of Service Tax Rules 1994.)
17. Import and Export of Service
Import of Service: The word ‘import’ is used just to indicate service
provided by a person who has established his business or has his
permanent address outside India and the recipient of such service is
such a person who has his permanent address or usual place of business
in India.
Provisions made under section 66A of the Finance Act, 1994 provide
for payment of service tax by the recipient of service in cases where the
provider of taxable service is from outside India and the receiver of
service has his permanent address / usual place of business in India.
In case where the service provider is a non-resident or is from
outside India and does not have office in India, the person receiving the
service shall be liable to pay the service tax.(Rule 2 (1)d(iv) of Service
Tax Rules, 1994)
Export of Service:The export of service is governed by the Export of
Service Rules, 2005. In most cases, outsourcing or export services are
outside the purview of Service Tax as normally the services are provided
to a foreign client (located outside India).