9911796707
TMI BlogAmendment of Act 32 of 1994X X X X Extracts X X X X X X X X Extracts X X X X ..... " shall be substituted; (4) for clause (82), the following clause shall be substituted, namely:— '(82) "port service" means any service rendered within a port or other port, in any manner;'; (5) in clause (105),— (a) for sub-clause (zn), the following sub-clause shall be substituted, namely:— "(zn) to any person, by any other person, in relation to port services in a port, in any manner: Provided that the provisions of section 65A shall not apply to any service when the same is rendered wholly within the port;''; (b) in sub-clause (zzc), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of July, 2003, namely:— 'Explanation.—For the removal of doubts, it is hereby declared that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received from or on behalf of the prospective buyer by the builder or the person authorised by the builder before grant of completion certificate by the authority competent to issue such certificate under any law for the time being in force) shall be deemed to be service provided by the builder to the buyer;"; (e) in sub-clause (zzzh), the following Explanation shall be inserted, namely:— "Explanation.—For the purposes of this sub-clause, construction of a complex which is intended for sale, wholly or partly, by a builder or any person authorised by the builder before, during or after construction (except in cases for which no sum is received from or on behalf of the prospective buyer by the builder or a person authorised by the builder bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for construction of building or temporary structure at a later stage to be used for furtherance of business or commerce;"; (i) in sub-clause (zzzze), the words "for use in the course, or furtherance, of business or commerce," shall be omitted; (j) in sub-clause (zzzzf), in the Explanation, for clauses (ii) and (iii), the following clause shall be substituted, namely:— "(ii) the gross amount charged by the insurer from the policy holder for the said service provided or to be provided shall be equal to the maximum amount fixed by the Insurance Regulatory and Development Authority established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 [41of 1999.], as fund management charges for unit linked insurance plan o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a business entity by appearing in advertisement and promotional event or carrying out any promotional activity for such goods, service or event. Explanation.—For the purposes of this sub-clause, "brand" includes symbol, monogram, label, signature or invented words which indicate connection with the said goods, service, event or business entity; (zzzzr) to any person, by any other person, by granting the right or by permitting commercial use or exploitation of any event including an event relating to art, entertainment, business, sports or marriage organised by such other person; (zzzzs) to any person, by an electricity exchange, by whatever name called, approved by the Central Electricity Regulatory Commission constituted under section 76 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation 2.—For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service-tax under this sub-section and interest thereon."; (D) in section 95, after sub-section (1F), the following sub-section shall be inserted, namely:— "(1G) If any difficulty arises in respect of implementing, classifying or assessing the value of any taxable service incorporated in this Chapter by the Finance Act, 2010, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Chapter, remove the difficulty: Provided that no such order shall be made after the expiry of a period of one year ..... X X X X Extracts X X X X X X X X Extracts X X X X
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