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Taxation of Services - An Education Guide. The press release discusses the evolution of service taxation in India, starting from its inception in 1994 with a modest collection of Rs 407 crore, to Rs 97,444 crore in 2011-12. The document highlights the challenges faced due to overlaps in service categories and the lack of clarity in definitions, leading to tax leakages and litigation. The 2012 budget introduced a new taxation system known as the Negative List, where all services are taxable unless specified otherwise. This guide aims to educate taxpayers and administrators about the new system, providing guidance notes on various topics such as service definition, taxability, exemptions, and valuation.
2011 (5) TMI 852 - ITAT DELHI Service Income Receipt - Business Income or Income from Other Sources - AO, agreement b/w the parties is not duly signed, witnessed nor executed on stamp paper. Also, in current AY, service income received is equivalent to 110 per cent of the expenditure, thus, treated it as income from other sources - CIT(A) considered it as business income - HELD THAT:- The word business is one of wide import and which means an activity carried out continuously and systematically by a person by the application... ... ...
Clarification regarding changes made or proposed in Budget 2012-2013 The circular outlines changes in the Indian Budget 2012-2013 regarding service tax, focusing on simplifying tax processes and preparing for the Goods and Services Tax (GST). The service tax rate is restored to 12%, and a "Negative List" approach is introduced, taxing all services except those specifically exempted. The Place of Provision of Services Rules, 2012, are introduced to determine the location of service provision for tax purposes. The circular also details changes in valuation rules, Cenvat credit rules, and exemptions, aiming to streamline compliance and reduce litigation. The new rules will replace existing export and import service taxation rules.
2023 (11) TMI 949 - APPELLATE AUTHORITY FOR ADVANCE RULING, HIMACHAL PRADESH Supply or not - subsidized deduction made by the Appellant from the Employees who are availing food in the factory - GST on nominal amount deducted from the salaries of its employees - GST on the nominal amount deducted from the Manpower supply contractor in case of contractual employees - Section 7 of Central Goods and Service Tax Act, 2047 and Himachal Pradesh Goods and Service Tax Act, 2017 - Input Tax Credit (ITC), on the GST charged by the Canteen Service Provider. HELD THAT:- Any activity,... ... ...
2019 (9) TMI 551 - ITAT DELHI TP Adjustment - AMP expenditure - whether amount received by the assessee towards the contribution for advertisement marketing and promotion expenditure is not tainted with mutuality but, thus, income of the assessee chargeable to income tax under the income tax act? - claim of diversion by overriding title - HELD THAT:- According to clause 4 of the above operating agreement the holding company may at the request of the assessee but subject to holding companies sole and absolute discretion paid ... ... ...
2021 (1) TMI 1009 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - supply of restaurant service - Applicant had alleged that the Respondent had increased the base prices of his items and did not pass on the benefit of reduction in the GST rate by way of commensurate reduction in prices - contravention of Section 171 of the CGST Act, 2017 - Penalty - HELD THAT:- It is revealed from the record that the Respondent has been operating a total of 133 multiplexes in 18 states and dealing with 1650 items while supplying restaurant services after 15.11.20... ... ...
2022 (5) TMI 1359 - MADRAS HIGH COURT Constitutional validity of amendment - discrimination within the works contractors - discrimination between the dealers who purchase goods within the State and outside the State/country - Constitutional Validity of amendment introduced by Act 21 of 2007 retrospectively with effect from 01.01.2007 to Section 6 of the Tamil Nadu Value Added Tax Act, 2006 (Act 32 of 2006) - ultravires Articles 14, 19 (1) (g), 20, 301 and 304 (a) of the Constitution of India or not - constitutional validity of Secti... ... ...
2016 (11) TMI 1054 - ITAT MUMBAI Non-refundable entrance fee received by the assessee in the instant case based on factual matrix of the case is chargeable to tax as revenue receipts in the hand of the assessee . Advance Membership fee - Held that:- Reasonable and fair estimate under these circumstances has to be made based on reasonable scientific method keeping in view business matrix and model of the assessee after study of the by-laws, rules and regulations governing the assessees’ club , memorandum and articles of associat... ... ...
1995 (2) TMI 109 - ITAT DELHI Assessing Officer, Income From Other Sources, Interest Liability, Interest Payable, Let Out, Rental Income, So Included... ... ...
1993 (3) TMI 198 - ITAT PUNE The Tribunal upheld the inclusion of rental income from shops and offices, sales from Baker's Basket, catering services to Indian Airlines, and service charges within chargeable expenditure. However, it allowed the deduction of discounts allowed to customers from chargeable expenditure. The appeals were partly allowed.
FINANCE (NO. 2) ACT, 1991 The Finance (No. 2) Act, 1991, outlines various amendments and provisions related to income tax, wealth tax, gift tax, interest tax, and expenditure tax in India. Key changes include adjustments to income tax rates and surcharges for different categories of taxpayers, introduction of tax deductions for specific investments and contributions, and modifications to tax procedures and compliance requirements. The Act also introduces new provisions for tax incentives aimed at promoting exports, research, and development activities, and includes specific measures to streamline tax administration and enforcement. Additionally, the Act revives interest tax and extends expenditure tax to air-conditioned restaurants, among other updates.
2019 (9) TMI 1141 - CESTAT NEW DELHI Non/short payment of service tax - Franchisee Service - Management Consultancy Service - Non-payment of service tax on advertisement expenses incurred by the local franchisees - Short payment of service tax due to wrong utilisation of cenvat credit - Non-payment of service tax on management consultancy services by wrongly claiming the same as export service - Interest on late payment of service tax on franchisee fees to McDonald s USA. Non-Payment of Service Tax on Advertisement Expenses Incurre... ... ...
1972 (12) TMI 36 - MADHYA PRADESH High Court Judge(s) : P. K. TARE., S. M. N. RAINA
JUDGMENT
The judgment of the court was delivered by
TARE C. J.--In this reference under section 66(1) of the Indian Income-tax Act, 1922, the Income-tax Appellate Tribunal, at the instance of the petitioner, namely, the Commissioner of Income-tax, has referred the following question for our opinion :
" Whether, on the facts and in the circumstances of the case, the assessee-firm constituted by the instrument of partnership, dated September 20, ... ... ...
2021 (3) TMI 1380 - AUTHORITY FOR ADVANCE, UTTARAKHAND Input Tax Credit - goods/services received for construction of hotel building - work contract service received for construction of hotel building - goods/services received for construction of banquet hall which is rented further to customer - work contract service received for construction of banquet hall which is rented further to customer - input credit on work contract service or any goods/service received for construction of such hotel/banquet hall - expression plant machinery would include ... ... ...
1987 (5) TMI 364 - ALLAHABAD HIGH COURT The court held that the Food Corporation of India (FCI) is liable to pay purchase tax under the U.P. Sales Tax Act as it qualifies as a "dealer" engaging in taxable business activities. Transactions under the Levy Orders were considered sales subject to taxation. The challenged provisions of Explanation II to Section 3-D(1) and Section 3-F were upheld as constitutional and valid. The retrospective application of the amendments was deemed permissible, and the additional tax under Section 3-F was found to be reasonable and non-confiscatory. The writ petitions were dismissed, with costs awarded against the FCI.
2023 (2) TMI 4 - ANDHRA PRADESH HIGH COURT Exemption from tax - Taxability of Selling of food items in the school / hostel - whether the petitioner s educational institution imparts education on non-profit motive but not on commercial basis and if so, it is exempted from tax under AP VAT Act, 2005? - HELD THAT:- The activity of a person must be a trade, commerce or manufacture so as to bring such activity as business . If such business is carried out for buying, selling, supplying or distribution of the goods, such person who is involved... ... ...
2000 (3) TMI 1039 - ITAT MUMBAI The Tribunal held that the assessee was not liable to deduct tax under section 194-I as the payments were not considered as rent but part of a conducting arrangement. Consequently, the assessee was not deemed an assessee in default and was not required to pay interest under section 201(1A). The appeals were allowed in favor of the assessee.
2020 (12) TMI 487 - NATIONAL ANTI-PROFITEERING AUTHORITY Profiteering - Restaurant Services - benefit of reduction in the rate of tax not passed on - contravention of the provisions of Section 171 of the CGST Act, 2017 - penalty - HELD THAT:- The Respondent is a company registered under the Companies Act, 1956 and is engaged in the business of operating quick service restaurants under the brand name of Mcdonalds under a franchisee agreement with the multi-national company Mcdonalds India Private Limited. The Respondent is operating about 300 restauran... ... ...
1993 (9) TMI 18 - MADHYA PRADESH High Court Judge(s) : M. V. TAMASKAR., K. L. ISSRANI
JUDGMENT
The judgment of the court was delivered by
M. V. TAMASKAR J.--Respondent No. 2, Messrs. Sethi Wine Stores, Bhopal, was an assessee dealing in the business of foreign liquor. There was a deed of partnership in the name of Messrs. Pagoda Hotel and Restaurant in which Ramlal Sethi, Vikramjit Sethi and Inderjit Sethi were equal partners. This deed was made effective from June 16, 1961, and respondent No. 2, Messrs. Sethi Wine Stores, ... ... ...
1975 (8) TMI 119 - PATNA HIGH COURT The court dismissed the petitions challenging the imposition of special sales tax on hoteliers and restaurant businesses. It held that the petitioners failed to demonstrate that their restaurant operations were similar to hotel operations exempt from sales tax. The court emphasized the distinction between hotel and restaurant businesses, stating that the special sales tax applied to the petitioners' restaurant businesses. The petitioners were advised to claim exemptions under the Bihar Sales Tax Act if they could prove their eligibility. The petitions were dismissed without costs.
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