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TMI BlogService Tax on Advertising Agency, Courier Agency, Paging AgencyX X X X Extracts X X X X X X X X Extracts X X X X ..... aforesaid agencies responsible for collecting the service tax, under Section 68 of the Act . Important Definitions 04. In terms of Section 65 of the Act, (a) Telegraph Authority has the meaning assigned to it in clause (6) of Section 3 of the Indian Telegraph Act, 1885; and includes a person who has been granted a licence under the first proviso to sub-section (1) of Section 4 of that Act; (b) Stock Broker means a stock broker who has either made an application for registration or is registered as a stock-broker in accordance with the rules and regulations made under the Securities and Exchange Board of India Act, 1992. (c) Insurer means any person carrying on the general insurance business in India; (d) Advertisement includes any notice, circular, label, wrapper, document, hoarding or any other audio or visual representation made by means of light, sound, smoke or gas; (e) Advertising agency means any commercial concern engaged in providing any service connected with the making, preparation, display or exhibition of advertisement and includes an advertising consultant; (f) Courier agency means a commercial concern engaged in the door-to-door transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Ltd., Delhi or (e) the Chairman-cum-Managing Director of the United India Insurance Company Ltd., Madras; or (f) any other person carrying on general insurance Business and who has obtained a certificate of registration under Section 3 of the Insurance Act, 1938 (4 of 1938); and (iii) every stock-broker, involved in the sale and purchase of securities listed on a recognised stock exchange. (iv) every advertising agency, which raises the bill for services rendered to a client by such agency; (v) every courier agency, which raises the bill for services rendered to a customer by such agency. 7. Valuation of taxable services for charging Service Tax In terms of Section 67 of the Act and Service Tax Rules , the value of taxable services for charging, service tax, (a) in case of stock-broker, shall be the aggregate of the commission or brokerage charged by him on the sale or purchase of securities from the investors and includes the commission or brokerage paid by the stock-broker to any sub-broker; (b) in relation to telephone connection or pager provided to the subscribers, shall be the gross total amount (including adjustments made by the telegraph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. Person responsible for collecting Service Tax to furnish prescribed return In terms of Section 70 of the Act and Rule 7 of the rules every person responsible for collecting the service tax, shall furnish a quarterly return in Form ST-3 in triplicate, within 15 days of the end of the preceding quarter, showing - (a) the aggregate of payments received in respect of the value of taxable services; (b) the amount of service tax collected; (c) the amount of service tax paid to the credit of the Central Government, and (d) such other particulars as may be prescribed. Following documents are also required to be submitted with the said return : (A) a copy each of the Form TR-6 submitted for the months covered in the quarter, and (B) a memorandum in Form ST-3A giving full details of the difference between the amount of service tax collected during a month and the actual amount deposited. Every assessees furnishing quarterly return for the first time should also furnish a list of all accounts maintained by him in relation to the service tax including the memorandum received from his Branch office. 2. Any person responsible for collecting the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 77 of the Act , if a person fails to furnish, in due time, the return which he is required to furnish or by notice given, he shall pay, by way of penalty, a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continues. In terms of Section 78 of the Act , if the Central Excise Officer in the course and any proceedings under this provisions is satisfied that any person has, with intent to evade payment of service tax, suppressed or concealed the value of taxable service or has furnished inaccurate value of such taxable service, he may direct that such person shall pay by way of penalty, in addition to service tax and interest, if any payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of service tax sought to be evaded by reason of suppression of concealment of value of taxable service or the furnishing of inaccurate value of such taxable service. In terms of Section 79 of the Act , if the Central Excise Officer in the course of any proceeding is satisfied that any person has failed to comply with the notice under sub-section (1) of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 89 of the Act , - if a person makes a statement, or delivers an account or statement, which is false, and which he wither knows or believes to be false, or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to three years with fine. 15. Appeal before Commissioner (Appeals) In terms of Section 85 of the Act and Rule 8 of the Rules , any person aggrieved by any assessment order passed by the Central Excise Officer by an order levying interest or penalty under this Chapter, may appeal to the Commissioner of Central Excise (Appeals) in Form ST-4 filed in duplicate, accompanied by a copy of order appealed against. An appeal shall be presented within three months from the date of receipt of the decision or order of the Central Excise Officer relating to the service tax, interest, or penalty unless, the Commissioner of Central Excise (Appeals) is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months. The Commissioner of Central Excise (Appeals) shall hear and determine the appeal and pass such orders as he thinks fit. Such order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 35K Decision of High Court or Supreme Court on the case stated 35L Appeal to the Supreme Court 35M Hearing before Supreme Court 35N Sums to be paid notwithstanding references, etc. 35-O Exclusion of time taken for copy 35Q Appearances by authorised representatives 36 Definitions 36A Presumptions as to documents in certain cases 36B Admissibility of microfilms, facsimile copies of documents and computer print-outs as documents and as evidence 37A Delegation of powers 37B Instructions to Central Excise Officers 37C Service of decisions, orders, summons etc. Rounding off of duty etc. 40 Protection of action taken under the Act. 18. All trade associations, chambers of commerc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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