Service Tax

Q: What is Service tax? A:Service tax is an indirect tax levied under the Finance Act, 1994, as amended from time to time, on services. At present, there are approximately 96 categories (including 15 new services introduced by 2006) of services taxable under the service tax net. Q: What is the rate of service tax and are there different rates for different categories or a rate across all categories? A:Service tax is levied at a uniform rate of 12.24 percent (including education cess of 2 percent) fro date of enactment of Finance Bill, 2006 Q: List of new services that have been brought under this tax net in Budget 2006-07? A: The new services made taxable include services provided by share transfer agents and registrar t recovery agents, maintenance and management of Automatic Teller Machines, sale of advertising spac (except for print media), sponsorshi sponsorshipp of events by companies (except for sports), public relations man services, ship management services, international air travel (excluding economy class), rail container h services (excluding haulage charges), cruise ship travel, Internet telephony services, business support auctioneers’ service (excluding auction of property under directions or orders of a court of law or auc the government) and credit card, debit card and other payment card-related services. Q: What is the value of service liable to service tax? A: The value of service generally liable to service tax is the gross amount charged by the service pro service rendered. Out of pocket expenses such as (travel, lodging, etc) paid on behalf of the client an recovered on actual basis (supported by documentary evidence) have been clarified for certain servic being liable to service tax. However, the Finance Act, 2006 substitutes a new section 67 in the place of the existing one for valu the taxable service under different circumstances such as, consideration for service rendered was pa money or partly for consideration other than money. Further, pursuant to the Finance Act, 2006, 'Service Tax (Determination of Value) Rules, 2006' ('Val Rules') have been introduced which specifies different principles for valuation depending upon t he nat consideration. The Valuation Rules have also prescribed certain conditions which have to be fulfilled b service provider to claim a deduction on account of expenditure/ cost incurred by him in provision of As a result, various costs which are charged to the client as 'out of pocket' expenses (on which reimb is claimed) would be subject to service tax if the specified conditions are not satisfied. Q: Who is liable to deposit Service tax? A: Generally, the liability to deposit service tax is on the service provider. However, in case service is by a person based (ie having a business/ fixed establishment establishment from where service is provided/ perman address/ place of residence) outside India and such service provider does not have an office in India, person liable to deposit service tax is the service recipient based in India. Further, with respect to 'goods transport agency services', if the consignee or consignor is a compan corporation, body corporate, factory, etc the service tax is required to be paid by the person liable t freight instead of the goods transport agency. Q: Are export of services liable to t o service tax? A: No, as per the Export of Services Rules, 2005 (effective from March 15, 2005), export of service liable to service tax. Further, vide notification no. 11/ 2005 -ST, rebate of service tax paid on export services has been granted subject to certain conditions. Further, vide notification 12/ 2005 - ST, reb excise duty on inputs and service tax paid on input services used in providing the exported service has granted subject to certain conditions. Q: Is service tax leviable on services received from outside India? A: Prior to introduction of Finance Act, 2006, explanation to Section 65(105) of the Finance Act, 199 (inserted vide Finance Act, 2005) levied service tax on taxable services rendered by a service provid outside India (ie having a business/ fixed establishment from where service is provided/ permanent a place of residence outside India) to a person based in India. Under the Finance Act, 2006 a new Section 66A has been introduced. This Section provides for levy tax on the services rendered by a service provider residing outside India to a person based in India. such cases, it is deemed that the service recipient in India has himself provided the taxable service i and, accordingly, service tax is payable by the service recipient. In addition to Section 66A, Taxation of Services (Provided from Outside India and received in India) 2006 have been notified which lay down down the criteria criteria (similar to Export of Services Rules) based based on w service would be treated as ‘imports’ and thus be liable to service tax. Q: Who is authorized to administer Service tax in the country? A: The different jurisdictional Commissionerates Commissionerates of Central Excise and Director General of Service t authorized to administer service tax in India. Registration Q: What is the procedure for obtaining a Service tax registration? A: A prospective Service tax assessee seeking registration should file an application in Form ST-1 (in with the jurisdictional Central Excise officer/ Service Tax officer within 30 days from the date on w service becomes taxable or from the commencement of the t he provision of a taxable service, as may be The application is required to be filed, generally, along with the following documentsdocuments1. 2. 3. 4. A copy copy of the the PAN PAN of of the the servi service ce provi provider der;; The memorandum memorandum and articles articles of association of the establishment establishment providing providing the services; An address address proof proof of the establi establishme shment nt from which which it functio functions; ns; AND A power of attorney of the authorized signatory signatory for for the purposes purposes of the said registration. The requirement for filing the above stated documents (other than Form ST-1) is not prescribed in st may vary from one jurisdiction to another. Department is required to issue the registration certificate to the assessee within 7 days of the rec application. In case of failure to issue registration certificate within 7 days, the t he registration applied deemed to have been granted and the assessee can carry on its activities. The registration certificat a service tax registration number. Q: Is separate registration certificate number required for, if the service provider is providing than one taxable service? A: A single registration certificate number can be obtained for all services. However, the applicant sh mention all taxable service categories on the registration application. application. Q: In case of a registered service provider, providing a new taxable service, is he required to o fresh registration? A:Service tax registration needs to be obtained for each taxable service category. In case a service already has a service tax registration certificate, the service provider would need to get the service registration certificate amended amended for the addition of the new taxable service category in the certific Q: Is there any prescribed period for intimation of change in information at the time of registr A: The service provider is required to intimate any change in information submitted to the Central Ex Officer at the time of registration within 30 days of the said change. Q: If an assessee is providing services from more than one premise, does he have to obtain regi for each premise? A: To answer the above question, three situations are contemplated and discussed below: 1. Where the the assessee assessee is providing providing the the service service from more than than one premises premises and has centrali centralized zed system: When an assessee is providing taxable service from more than one premise or office an centralized billing system in respect of such service rendered to clients in one or more such pr offices, he may opt for registering such premises or offices from where such centralized billin 2. Where the assessee assessee is is providing the services from more than one premises and and has centralized centralized accounting system: Where an assessee is providing services from more than one premise or offi has a centralized accounting system in one or more such premises or offices, he may opt for re of such premises or offices from where centralized accounting is done. 3. Where the assessee assessee is is providing service from more than one premises but does not have centra centra billing system or centralized accounting system: Where an assessee is providing a taxable servi more than one premise or office, but does not have any centralized billing system or centralize accounting system, he would be required to obtain registration in respect of each of such premi offices from where the services are rendered. Q: What is the procedure for obtaining the service tax code ('STC') number? A: An application in the prescribed format (in duplicate), as provided in Annexure II of CBEC Service Circular No. 35/3/2001 dated 27 August 2001, along with a certified copy of the PAN card, has to be submitted to the Superintendent of Central Excise. Q: What are the consequences for failure to obtain registration? A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty cl penalty for contravention where no specific penalty is provided), penalty which may extend to Rs 1000 leviable. Payment of tax, filing of return and maintenance of records Q: What is the basis for the deposit of service tax by an assessee and at what intervals? Is s to be deposited by the assessee, even in cases where his client does not pay for the services re or only pays a part of the bill raised in this regard? A: The service tax is required to be paid only on the value of taxable services received for a particul or quarter, as the case may be, and not on the gross amount charged or billed to the client. Ordinarily tax should be deposited on a monthly basis. However, individual proprietary firms or partnership firm required to deposit tax quarterly. In both the cases, whether monthly or quarterly, the tax is to be d by the 5th of the month following the said month or the said quarter. However, tax for the month of required to be deposited by March 31. Service tax is required to be deposited through TR 6 challans. Please note that in all cases where the amount received is less than the gross amount charged/ billed client, the service tax assessees are required to amend the bills, either by rectifying the existing bill a revised bill and by properly endorsing such change in the billed amount. In case payments have been made in advance for services which have not been provided as yet, servic required to be deposited on such advance amounts also. Q: What is the consequence of delay of deposit of tax? A: Any service provider not depositing tax within the time stipulated for the same, has to pay simple i at the rate of 13 percent per annum. In addition, the assessee may required to pay penalty ranging between Rs 100/- and Rs 200/- for eve delay up to a maximum penalty which is equivalent to the service tax which has not been deposited. Th levy of penalty is at the discretion of the authorities. However, as per the amendment introduced by the Finance Act, 2006, the assessee is required to pay not less than Rs. 200/day of delay or 2% of the tax per month of delay, whichever is higher up to a m penalty which is equivalent to the service tax which has not been deposited. The actual levy of penalt discretion of the authorities. Q: At what intervals do service tax assesses have to file service tax returns? What are the do that have to be filed along with service tax returns Statement? A: The service tax assesses are required to file a half yearly return in Form ST 3 or ST-3A, in triplic the Superintendent Central Excise dealing with service tax. The returns have to be filed within 25 da the last day of the particular half-year. half-year. Thus, the returns for half year ending September 30, and M have to be filed by October 25, and April 25, respectively. The returns should be accompanied by copi TR 6 challans, evidencing payment of service tax. Further, an assessee filing service tax returns for the first time should also furnish to the Departme of all the accounts maintained by them relating to service tax. Q: What are the consequences for failure to submit returns? A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty cl penalty for contravention where no specific penalty is provided), penalty which may extend to an amou exceeding Rs 1000/- may be leviable. Q: What are the records required to be maintained by an assessee? A: No specific records are required to be maintained by a service tax t ax assessee. Records required to maintained under any other law in force (sales tax, income tax etc) are acceptable for the purpose of tax. Service tax credit Q: Is service tax credit available for services utilized by a service provider? A: Yes, an output service provider is allowed to avail credit of the service tax/ excise duty paid on in services/ input goods received and consumed, which are in relation to rendering of output services. Q: What are the documents needed to avail service tax credit? A:Service tax credit can be availed on the basis of the following documents: 1. Credit of service tax paid on input services can be availed on the basis of invoice, bill or challan issu input service provider which should contain the following details: 1. 2. 3. 4. 5. Date of inv Date nvoi oice ce Serial Ser ial num number ber of doc docume ument nt Name, address address and and registrati registration on number number of the input service service provide providerr Name and addre address ss of the servic servicee recipien recipientt Descriptt Desc ripttion, ion, classif classificat ication ion and value value of input input service service 6. Service tax paid/ payable. 2. Credit of service tax paid on input services received by an input service distributor can be availed basis of invoice, bill or challan issued by an input service distributor which should contain the followin 1. Date Date of inv nvoi oice ce 2. Ser Serial ial num number ber of of the the docum document ent 3. Name, add address ress and registration registration number of the person providing input input services and the serial nu date of the invoice, bill or challan (as provided hereinabove) 4. Name and and addres addresss of the the input input service service distri distributor butor 5. Name and and address address of the recipi recipient ent of the credit credit distri distributed buted 6. Amo Amount unt of of credit credit dist distrib ribute uted. d. 3. Credit of excise duty paid on inputs/ capital goods can be availed of on the basis of an invoice issue 1. A manufact manufacturer urer for for clearan clearance ce of input inputss or capita capitall goods; goods; or 2. An im impo port rter er;; or or 3. A first first stage stage dealer dealer or second second stag stagee dealer; dealer; or 4. Supplementary invoice invoice issued issued by a manufacturer or importer of inputs or capital goods; or Bill o or 5. Certificate issued by an appraiser of customs in respect of goods imported through a foreign p Q: What records need to be maintained to avail service tax credit? A: The manufacturer/ output service provider should maintain proper records for receipt, disposal, consumption and inventory of input and capital goods. There is no specified format in which the recor be maintained. However, the manufacturer/ output service provider needs to maintain records contain information regarding the value, tax/ duty paid, cenvat credit availed and credit utilized, person from inputs/ capital goods/ services are procured. Q:Whether a service tax credit return needs to be filed? A: Yes, an output service provider is obliged to file a return, on half yearly- basis, in the prescribed f indicating details of input service provider, input service tax credit available, credit utilized and the b available, if any, along with with the return to be filed in in Form ST-3. The returns for half half year ending Sep 30, and March 31, have to t o be filed by October 25, and April 25, respectively. General exemptions Q: What are the general exemptions available from service tax across all taxable service catego A: Exemptions from service tax available across all taxable service categories are: 1. All taxable taxable services services provided provided by any person person to the United United Nations Nations or any Internat Internationa ionall agency, agency, defined, shall be exempt from paying service tax related to those services. [Notification no. 16 dated August 2, 2002] 2. All taxable services provided provided to a developer or units of SEZ for the the development, operation an maintenance of a SEZ or for setting up SEZ unit or for manufacture of goods buy the SEZ unit been exempted from service tax, subject to satisfaction of the prescribed procedural procedural require [Notification No.17/2002/ST No.17/2002/ST dated November 21, 2002] 3. The value of goods and materials materials that are sold by the service service provider to the recipient recipient of servi servi provided there is documentary proof specifically indicating the value of the goods and material [Notification no 12/2003/ST effective July 1, 2003] 4. All taxable services rendered rendered by the the RBI have have been exempted exempted from service tax w.e.f. March March 1, Information Technology related services Q: What are the relevant taxable service categories for a person providing Information Technol ('IT') related services? A: Depending of the nature of IT services provided by a person, the following taxable service catego be relevant: Consulting engineer service means service provided by a professionally qualified engineer or any body or any other firm who, either directly or indirectly, renders any advice, consultancy or technical assis any manner to a client in one or more disciplines of engineering excluding services provided in relation discipline of computer hardware engineering or computer software engineering. Management consultant service means any service provided by any person, either directly or indirectl connection with the management of any organization in any manner and includes any advice, consultanc technical assistance, in relation to financial management, human resources management, marketing ma production management, logistics management, procurement and management of information technolo resources or other similar areas of management. Commercial training or coaching service means any training or coaching provided by any institute or establishment providing commercial training or coaching for imparting skill or knowledge or lessons on subject or field other than the sports, with or without issuance of a certificate and includes coaching tutorial classes but does not include preschool coaching and training centre or any institute or establi which issues any certificate or diploma or degree or any educational e ducational qualification qualification recognized by law fo time being in force. Internet cafe service means service provided in relation to access of internet by any commercial esta providing facility for accessing internet. Management, maintenance or repair service means any service provided by• any person under a contract or agreement or • a manufacturer or any person authorized by him, in relation to i. management of properties, whether immoveable or not; or ii. maintenance or repair including reconditioning or restoration or servicing of any of any goods, exclu motor vehicle. Any service in relation to maintenance or repair or servicing of software have been clarified as being l service tax under this service category vide Circular No 81/2/2005 - ST dated 7 October 2005. Online information and data base access or retrieval service means any service provided by a commer concern, for provision of data or information, retrievable or otherwise, to a customer, in electronic fo through a computer network. Erection, commissioning or installation service means any service provided by a commissionin commissioningg and inst agency in relation to erection, commissioning or installation of plant, machinery or equipment, structur whether or not pre-fabricated, electrical and electronic devices, plumbing, drain laying, etc for trans fluid, heating or air conditioning, thermal or sound insulation, fire proofing, lift and escalators, and si services. Business auxiliary service service means any service in relation to • • • • • • • promotion or marketing or sale of goods produced or provided by or belonging to the client; or promotion or marketing of service provided by the client; or any customer care service provided on behalf of the client; or procurement of goods or services, which are inputs for the client; or production of goods on behalf of the client; or provision of service on behalf of the client; or any incidental or auxiliary support service such as billing, collection or recovery of cheques, acc remittance, evaluation of prospective customer and public relation services, and includes servic commission agent, but does not include any information technology service. "Information technology service" has been defined to mean any service in relation to designing or dev computer software, system networking, or any other service primarily in relation to operation of comp systems. Definition of ‘business auxiliary services’ specifically excludes information technology service from th of service tax. However, w.e.f 1 May 2006, the definition of information technology services was narr exclude services in relation to ‘maintaining of computer software, or computerized data processing’ fr purview. Business auxiliary service has been clarified to include the services of evaluation of prospective custo processing of purchase orders, customer management, information and tracking of delivery schedules, accounting and processing of transactions, operational assistance for marketing, formulation of custo service and pricing policies, managing distribution & logistics. Further, it has been clarified that the s provided in relation to getting a customer, verification of prospective customer, processing of purcha etc would also be covered under service tax, as the law specifically provides for inclusion of such serv business auxiliary support services. Circular 59/8/2003 dated June 20, 2003] Support services of business or commerce means services provided in relation to business or commerc includes evaluation of prospective customers, telemarketing, processing of purchase orders and fulfill services, information and tracking of delivery schedules, managing distribution and logistics, customer relationship management services, accounting and processing of transactions, operational assistance f marketing, formulation of customer service and pricing policies, infrastructural support services and transaction processing. Infrastructurall support services include providing office along with office utilities, lounge, and recept Infrastructura competent personnel to handle messages, secretarial services, internet and telecom facilities, pantry security. Automated teller machine operations, maintenance or management service means any service provided relation to automated teller machines and includes site selection, contracting of location, acquisition, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenish reconciliation and value-added services. Automated teller machine means an interactive automatic machine designed to dispense cash, accept cash, transfer money between bank accounts and facilitate other financial transactions. Internet telephony means telecommunication service through internet and includes fax, audio confere video conferencing. 'Internet' means a global information system which is logically linked together by a globally unique ad based on Internet Protocol or its subsequ subsequent ent enhancements or upgradations and is able to support communications using the Transmission Control Protocol or Internet Protocol suite or its subsequent enhancements or upgradations and all other Internet Protocol compatible protocols. Services in relation to sale of space or time means services provided, in relation to sale of space or ti advertisement, in any manner but does not include sale of space for advertisement in print media and time slots by a broadcasting agency or organisation. Such services include: 1. providing space space or time, time, as the the case may may be, for display, advertising, advertising, showcasing showcasing of any product service in video programmes, television programmes or motion pictures or music albums, or on bi public places, buildings, conveyances, cell phones, automated teller machines, internet; 2. selling of time time slots on radio radio or television by a person, person, other than a broadcasting agency agency or orga orga and 3. aerial advertising. Q: What are the exemptions available with respect to IT related services? A: The exemptions available with respect to IT related services are: • • Consulting engineer service- As per the definition of 'taxable service', services provided by a c engineer in the discipline of computer hardware engineering or computer software engineering taxable. Business auxiliary service- The definition of business auxiliary services excludes information te services, which is any service in relation to designing or developing of computer software, syste networking, and any other services primarily related to operation of computers, are excluded f ambit of business auxiliary service category. [Explanation [Explanation to section 65 (19) of the Finance Act • Commissioning or installation service- The taxable service provided in relation to commissioning installation by a commissioning and installation agency, agency, has been exempted from so much of the tax leviable as is in excess of the amount of service tax calculated on a value which is equivalen thirty-three per cent of the gross amount charged from the customer under a contract for sup plant, machinery or equipment and commissioning or installation of the said plant, machinery or equipment, subject to the prescribed conditions..Explanation: conditions..Explanation: - For the purposes of this notific gross amount charged shall include the value of the plant, machinery, equipment, parts and any material sold by the t he commissioning and installation agency, during the course of providing comm or installation service. [Notification no 1/2006/ST dated 1 March 2006] Q: What is Service tax? A:Service tax is an indirect tax levied under the Finance Act, 1994, as amended from time to time, on specified services. At present, there are approximately 96 categories (including 15 new services introduced by Budget 2006) of services taxable under the service tax net. Q: What is the rate of service tax and are there t here different rates for different categories or a common rate across all categories? A:Service tax is levied at a uniform rate of 12.24 percent (including education cess of 2 percent) from the date of enactment of Finance Bill, 2006 Q: List of new services that have been brought under this tax net in Budget 2006-07? A: The new services made taxable include services provided by share transfer agents and registrar to issues, recovery agents, maintenance and management of Automatic Teller Machines, sale of advertising space or time (except for print media), sponsorship of events by companies (except for sports), public relations management services, ship management services, international air travel (excluding economy class), rail container handling services (excluding haulage charges), cruise ship travel, Internet telephony services, business support services, auctioneers’ service (excluding auction of property under directions or orders of a court of law or auction by the government) and credit card, debit card and other payment card-related services. Q: What is the value of service liable to service tax? A: The value of service generally liable to service tax is the gross amount charged by the service provider for service rendered. Out of pocket expenses such as (travel, lodging, etc) paid on behalf of the client and recovered on actual basis (supported by documentary evidence) have been clarified for certain services as not being liable to service tax. However, the Finance Act, 2006 substitutes a new section 67 in the place of the existing one for valuation of the taxable service under different circumstances such as, consideration for service rendered was partly in money or partly for consideration other than money. Further, pursuant to the Finance Act, 2006, 'Service Tax (Determination of Value) Rules, 2006' ('Valuation Rules') have been introduced which specifies different principles for valuation depending upon the nature of consideration. The Valuation Rules have also prescribed certain conditions which have to be fulfilled by a service provider to claim a deduction on account of expenditure/ cost incurred by him in provision of a service. As a result, various costs which are charged to the client as 'out of pocket' expenses (on which reimbursement is claimed) would be subject to service tax if the specified conditions conditions are not satisfied. Q: Who is liable to t o deposit Service tax? A: Generally, the liability to deposit service tax is on the service provider. However, in case service is provided by a person based (ie having a business/ fixed establishment establishment from where service is provided/ permanent address/ place of residence) outside India and such service provider does not have an office in India, then the person liable to deposit service tax is the service recipient based in India. Further, with respect to 'goods transport agency services', if the consignee or consignor is a company, corporation, body corporate, factory, etc the service tax is required to be paid by the person liable to pay freight instead of the goods transport agency. Q: Are export of services liable to service tax? A: No, as per the Export of Services Rules, 2005 (effective from March 15, 2005), export of services is not liable to service tax. Further, vide notification no. 11/ 2005 -ST, rebate of service tax paid on exported services has been granted subject to certain conditions. Further, vide notification 12/ 2005 - ST, rebate of excise duty on inputs and service tax paid on input services used in providing the exported service has been granted subject to certain conditions. Q: Is service tax leviable on services received from outside India? A: Prior to introduction of Finance Act, 2006, explanation to Section 65(105) of the Finance Act, 1994 (inserted vide Finance Act, 2005) levied service tax on taxable services rendered by a service provider residing outside India (ie having a business/ fixed establishment from where service is provided/ permanent address/ place of residence outside India) to a person based in India. Under the Finance Act, 2006 a new Section 66A has been introduced. This Section provides for levy of service tax on the services rendered by a service provider residing outside India to a person based in India. Further, in such cases, it is deemed that the service recipient in India has himself provided the taxable service in India and, accordingly, service tax is payable by the service recipient. In addition to Section 66A, Taxation of Services (Provided from Outside India and received in India) Rules, Rules, 2006 have been notified which lay down the criteria (similar (similar to Export of Services Rules) based on which a service would be treated as ‘imports’ and thus be liable to service tax. Q: Who is authorized to administer Service tax in the country? A: The different jurisdictional Commissionerates Commissionerates of Central Excise and Director General of Service tax are authorized to administer service tax in India. Registration Q: What is the procedure for obtaining a Service tax registration? A: A prospective Service tax assessee seeking registration registration should file an application in Form ST-1 (in duplicate) with the jurisdiction jurisdictional al Central Excise officer/ Service Tax officer within 30 days from the date on which the service becomes taxable or from the commencement of the provision of a taxable service, as may be applicable. The application is required to be filed, generally, along with the following documents- 1. A copy copy of the the PAN PAN of of the the servic servicee provi provider der;; 2. The memorandu memorandum m and articles articles of association association of the establish establishment ment providing providing the services; 3. An address address proof proof of the establi establishm shment ent from which which it functio functions; ns; AND 4. A power of attorney attorney of the authori authorized zed signator signatoryy for the purposes purposes of the said said registration. The requirement for filing the above stated documents (other than Form ST-1) is not prescribed in statute and may vary from one jurisdiction to another. Department is required to issue the registration certificate to the assessee within 7 days of the receipt of the application. In case of failure to issue registration certificate within 7 days, the registration applied for is deemed to have been granted and the assessee can carry on its activities. The registration certificate contains a service tax registration number. Q: Is separate registration certificate number required for, if the service provider is providing more than one taxable service? A: A single registration certificate number can be obtained for all services. However, the applicant should mention all taxable service categories on the registration application. Q: In case of a registered service provider, providing providing a new taxable service, is he required to obtain a fresh registration? A:Service tax registration needs to be obtained for each taxable service category. In case a service provider already has a service tax registration certificate, the service provider would need to get the service tax registration certificate amended for the addition of the new taxable service category in the certificate. Q: Is there any prescribed period for intimation of change in information at the time of registration? A: The service provider is required to intimate any change in information submitted to the Central Excise Officer at the time of registration within 30 days of the said change. Q: If an assessee is providing services from more than one premise, does he have to obtain registration for each premise? A: To answer the above question, three situations are contemplated and discussed below: 1. Where the the assessee assessee is providi providing ng the service service from from more than than one premise premisess and has centralized billing system: When an assessee is providing taxable service from more than one premise or office and has a centralized billing system in respect of such service rendered to clients in one or more such premises or offices, he may opt for registering such premises or offices from where such centralized billing is done. 2. Where the assessee assessee is is providing the services from more than one premises and and has centralized accounting system: Where an assessee is providing services from more than one premise or office but has a centralized accounting system system in one or more such premises or offices, he may opt for registration of such premises or offices from where centralized accounting is done. 3. Where the assessee assessee is is providing service from more than one premises but does not have centralized billing system or centralized accounting system: Where an assessee is providing a taxable service from more than one premise or office, but does not have any centralized billing system or centralized accounting system, he would be required to obtain registration in respect of each of such premises or offices from where the services are rendered. Q: What is the procedure for obtaining the service tax code ('STC') number? A: An application in the prescribed format (in duplicate), as provided in Annexure II of CBEC Service tax Circular No. 35/3/2001 dated 27 August 2001, along with a certified copy of the PAN card, has to be submitted to the Superintendent of Central Excise. Q: What are the consequences for failure to obtain registration? A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty clause (ie penalty for contravention where no specific penalty is provided), penalty which may extend to Rs 1000/- may be leviable. Payment of tax, filing of return and maintenance of records Q: What is the basis for the deposit of service tax by an assessee and at what intervals? Is service tax to be deposited by the assessee, even in cases where his client does not pay for the services rendered or only pays a part of the bill raised in this regard? A: The service tax is required to be paid only on the value of taxable services received for a particular month or quarter, as the case may be, and not on the gross amount charged or billed to the client. Ordinarily service tax should be deposited on a monthly basis. However, individual proprietary firms or partnership firms are required to deposit tax quarterly. In both the cases, whether monthly or quarterly, the tax t ax is to be deposited by the t he 5th of the month following the said month or the said quarter. However, tax for the month of March is required to be deposited by March 31. Service tax is required to be deposited through TR 6 challans. Please note that in all cases where the amount received is less than the gross amount charged/ billed to the client, the service tax t ax assessees are required to amend the bills, either by rectifying the existing bill or issuing a revised bill and by properly endorsing such change in the billed amount. In case payments have been made in advance for services which have not been provided as  yet, service tax is required to be deposited on such advance amounts also. Q: What is the consequence of delay of deposit of tax? A: Any service provider not depositing tax within the time stipulated for the same, has to pay simple interest at the rate of 13 percent per annum. In addition, the assessee may required to pay penalty ranging between Rs 100/- and Rs 200/for every day of delay up to a maximum penalty which is equivalent to the service tax which has not been deposited. The actual levy of penalty is at the discretion of the authorities. However, as per the amendment introduced by the Finance Act, 2006, the assessee is required to pay penalty not less than Rs. 200/day of delay or 2% of the tax per month of delay, whichever is higher up to a maximum penalty which is equivalent to the service tax which has not been deposited. The actual levy of penalty is at the discretion of the authorities. Q: At what intervals do service tax assesses have to file service tax returns? What are the documents that have to be filed along with service tax returns Statement? A: The service tax assesses are required to file a half yearly return in Form ST 3 or ST-3A, in triplicate, to the Superintendent Central Excise dealing with service tax. The returns have to be filed within 25 days from the last day of the particular half-year. Thus, the returns for half year ending September 30, and March 31, have to be filed by October 25, and April 25, respectively. The returns should be accompanied by copies of all TR 6 challans, evidencing payment of service tax. Further, an assessee filing service tax returns for the first time should also furnish to the Department the list of all the accounts maintained by them relating to service tax. Q: What are the consequences for failure to submit returns? A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty clause (ie penalty for contravention where no specific penalty is provided), penalty which may extend to an amount not exceeding Rs 1000/- may be leviable. Q: What are the records required to be maintained by an assessee? A: No specific records are required to be maintained by a service tax assessee. Records required to be maintained under any other law in force (sales tax, income tax etc) are acceptable for the purpose of service tax. Service tax credit Q: Is service tax credit available for services utilized by a service provider? A: Yes, an output service provider is allowed to avail credit of the service tax/ excise duty paid on input services/ input goods received and consumed, which are in relation to rendering of output services. Q: What are the documents needed to avail service tax credit? A:Service tax credit can be availed on the basis of the following documents: 1. Credit of service tax paid on input services can be availed on the basis of invoice, bill or challan issued by an input service provider which should contain the following details: 1. 2. 3. 4. 5. Date of in Date invo voiice Serial Ser ial num number ber of doc docum ument ent Name, address address and and registrati registration on number number of the input service service provider provider Name and addre address ss of the servic servicee recipient recipient Descriptt Desc ripttion, ion, classi classificat fication ion and value value of input input service service 6. Service tax paid/ payable. 2. Credit of service tax paid on input services received by an input service distributor can be availed on the basis of invoice, bill or challan issued by an input service distributor which should contain the following details: 1. Date Date of in invo voiice 2. Ser Serial ial num number ber of of the the docum document ent 3. Name, add address ress and registration registration number of the person providing input input services and the serial number and date of the invoice, bill or challan (as provided hereinabove) 4. Name and and address address of the input input service service distrib distributor utor 5. Name and and address address of the recipi recipient ent of the credit credit distri distributed buted 6. Amo Amount unt of of credi creditt distri distribut buted. ed. 3. Credit of excise duty paid on inputs/ capital goods can be availed of on the basis of an invoice issued by: 1. 2. 3. 4. A manufac manufacturer turer for cleara clearance nce of inpu inputs ts or capit capital al goods; goods; or or An im impo port rter er;; or or A first first stage stage dealer dealer or second second stag stagee dealer; dealer; or Supplementary invoice invoice issued issued by a manufacturer or importer of inputs or capital goods; or Bill of entry; or 5. Certificate issued by an appraiser of customs in respect of goods imported through a foreign post office. Q: What records need to be maintained to avail service tax credit? A: The manufacturer/ output service provider should maintain proper records for receipt, disposal, consumption consumption and inventory of input and capital goods. There is no specified format in which the records need to be maintained. However, the manufacturer/ output service provider needs to maintain records containing information regarding the value, tax/ duty paid, cenvat credit availed and credit utilized, person from whom inputs/ capital goods/ services are procured. Q:Whether a service tax credit return needs to be filed? A: Yes, an output service provider is obliged to file a return, on half yearly- basis, in the prescribed form (III) indicating details of input service provider, input service tax credit available, credit utilized and the balance available, if any, along with the return to be filed in Form ST-3. The returns for half half year ending September September 30, and March 31, have have to be filed by October 25, and April 25, respectively. General exemptions Q: What are the general exemptions available from service tax across all taxable service categories? A: Exemptions from service tax available across all taxable service categories are: 1. All taxable taxable services services provide provided d by any person person to the the United Nations Nations or or any Internat International ional agency, as defined, shall be exempt from paying service tax related to those services. [Notification no. 16/2002/ST dated August 2, 2002] 2. All taxable taxable services services provided provided to a developer developer or units units of SEZ for the developme development, nt, operation and maintenance of a SEZ or for setting up SEZ unit or for manufacture of goods buy the SEZ unit have been exempted from service tax, subject to satisfactio satisfactionn of the prescribed procedural requirements. [Notification No.17/2002/ST No.17/2002/ST dated November 21, 2002] 3. The value of goods and materials materials that are sold by the service service provider to the recipient recipient of service provided there is documentary proof specifically indicating the value of the goods and materials. [Notification no 12/2003/ST effective July 1, 2003] 4. All taxable services rendered rendered by the the RBI have have been exempted exempted from service tax w.e.f. March 1, 2006. Information Technology related services Q: What are the relevant taxable service categories for a person providing Information Technology ('IT') related services? A: Depending of the nature of IT services provided by a person, the following taxable service categories may be relevant: Consulting engineer service means service provided by a professionally qualified engineer or any body corporate or any other firm who, either directly or indirectly, renders any advice, consultancy or technical assistance in any manner to a client in one or more disciplines of engineering excluding services provided in relation to the discipline of computer hardware engineering or computer software engineering. Management consultant service means any service provided by any person, either directly or indirectly, in connection with the management of any organization in any manner and includes any advice, consultancy or technical assistance, in relation to financial management, human resources management, marketing management, production management, logistics management, procurement and management of information technology resources or other similar areas of management. Commercial training or coaching service means any training or coaching provided by any institute or establishment providing commercial training or coaching for imparting skill or knowledge or lessons on any subject or field other than the t he sports, with or without issuance of a certificate and includes coaching or tutorial classes but does not include preschool coaching and training centre or any institute or establishment which issues any certificate or diploma or degree or any educational qualification recognized by law for the time being in force. Internet cafe service means service provided in relation to access of internet by any commercial establishment providing facility for accessing internet. Management, maintenance or repair service means any service provided by• any person under a contract or agreement or • a manufacturer or any person authorized by him, in relation to i. management of properties, whether immoveable or not; or ii. maintenance or repair including reconditioning or restoration or servicing of any of any goods, excluding motor vehicle. Any service in relation to maintenance or repair or servicing of software have been clarified as being liable to service tax under this service category vide Circular No 81/2/2005 - ST  dated 7 October 2005. Online information and data base access or retrieval service means any service provided by a commercial concern, for provision of data or information, retrievable or otherwise, to a customer, in electronic form through a computer network. Erection, commissioning or installation service means any service provided by a commissionin commissioningg and installation agency in relation to erection, commissioning or installation of plant, machinery or equipment, structures, whether or not pre-fabricated, electrical and electronic devices, plumbing, drain laying, etc for transport of fluid, heating or air conditioning, thermal or sound insulation, fire proofing, lift and escalators, and similar services. Business auxiliary service service means any service in relation to • • • • • • • promotion or marketing or sale of goods produced or provided by or belonging to the client; or promotion or marketing of service provided by the client; or any customer care service provided on behalf of the client; or procurement of goods or services, which are inputs for the client; or production of goods on behalf of the client; or provision of service on behalf of the client; or any incidental or auxiliary support service such as billing, collection or recovery of cheques, accounts and remittance, evaluation of prospective customer and public relation services, and includes services as a commission agent, but does not include any information technology service. "Information technology service" has been defined to mean any service in relation to designing or developing of computer software, system networking, or any other service primarily in relation to operation of computer systems. Definition of ‘business auxiliary services’ specifically excludes information technology service from the purview of service tax. However, w.e.f 1 May 2006, the definition of information technology services was narrowed to exclude services in relation to ‘maintaining of computer software, or computerized data processing’ from its purview. Business auxiliary service has been clarified to include the services of evaluation of prospective customers, processing of purchase orders, customer management, information and tracking of delivery schedules, accounting and processing of transactions, operational assistance for marketing, formulation of customer service and pricing policies, managing distribution & logistics. Further, it has been clarified that the services provided in relation to getting a customer, verification of prospective customer, processing of purchase order etc would also be covered under service tax, as the law specifically provides for inclusion of such services as business auxiliary support services. Circular 59/8/2003 dated June 20, 2003] Support services of business or commerce means services provided in relation to business or commerce and includes evaluation of prospective customers, telemarketing, processing of purchase orders and fulfillment services, information and tracking of delivery schedules, managing distribution and logistics, customer relationship management services, accounting and processing of transactions, operational assistance for marketing, formulation of customer service and pricing policies, infrastructural support services and other transaction t ransaction processing. processing. Infrastructurall support services include providing office along with office utilities, lounge, Infrastructura and reception with competent personnel to handle messages, secretarial services, internet and telecom facilities, pantry and security. Automated teller machine operations, maintenance or management service means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services. Automated teller machine means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions. Internet telephony means telecommunication service through internet and includes fax, audio conferencing and video conferencing. 'Internet' means a global information system which is logically linked together by a globally unique address, based on Internet Protocol or its subsequent enhancements or upgradations and is able to support communications using the Transmission Control Protocol or Internet Protocol suite or its subsequent enhancements or upgradations and all other Internet Protocol compatible protocols. Services in relation to sale of space or time means services provided, in relation to sale of space or time for advertisement, in any manner but does not include sale of space for advertisement in print media and sale of time slots by a broadcasting agency or organisation. Such services include: 1. providing providing space space or time, time, as the case case may be, for for display, display, advertis advertising, ing, showca showcasing sing of any any product or service in video programmes, television programmes or motion pictures or music albums, or on billboards, public places, buildings, conveyances, cell phones, automated teller machines, internet; 2. selling of time slots on radio or television by a person, person, other than than a broadcasting broadcasting agency or organisation; and 3. aerial advertising. Q: What are the exemptions available with respect to IT related services? A: The exemptions available with respect to IT related services are: • Consulting engineer service- As per the definition of 'taxable service', services provided by a consulting engineer in the discipline of computer hardware engineering or • • computer software engineering are not taxable. Business auxiliary service- The definition of business auxiliary services excludes information technology services, which is any service in relation to designing or developing of computer software, system networking, and any other services primarily related to operation of computers, are excluded from the ambit of business auxiliary service category. [Explanation to section 65 (19) of the Finance Act, 1994] Commissioning or installation serviceservice- The taxable service provided in relation to commissioning or installation by a commissioning and installation agency, has been exempted from so much of the service tax leviable as is in excess of the amount of service tax calculated on a value which is equivalent to thirty-three per cent of the gross amount charged from the customer under a contract for supplying a plant, machinery or equipment and commissioning or installation of the said plant, machinery or equipment, subject to the prescribed conditions..Explanation: conditions..Explanation: - For the purposes of this notification, the gross amount charged shall include the value of the plant, machinery, equipment, parts and any other material sold by the commissioning and installation agency, during the course of providing commissioning or installation service. [Notification no 1/2006/ST dated 1 March 2006] Best Answer - Chosen by Voters West Bengal has created its respective professional tax slab structure to keep the residents informed about the exact deductions from their incomes. The professional tax slab in West Bengal has been categorized as per the following criteria: Income Monthly Professional Tax Less than 1,500 Nil Between Rs. 1501- Rs. 2001 Rs. 18 Between Rs. 2001 - Rs. 3001 Rs. 25 Between Rs. 3001- 5001 Rs 30 Rs. 5001 Rs. 40 Between Rs. 6001 -7001 Rs.45 Rs.7001 Rs.50 Rs.8001 Rs.90 Rs.9001 Rs.110 Rs.15001 Rs.130 Rs. 25001 Rs.150 Beyond Rs.40001 Rs.200 Source(s): http://business.mapsofindia.com/india-ta… • 2 years ago TAXABLE SERVICES Name of service 1. Advertising services 2. Air Travel Agent Services 3. Architect Services 4. Authorised service station 5. Banking and Other Financial Services 6. Beauty Parlour Services 7. Broadcasting Service 8. Business Auxiliary Services, namely Business Promotion and Support Services including Customer  Care Services (Excluding any information Technology Technology Services) 9. Cable Operator Services 10. Cargo Handling Services 11. Certification Service 12. Chartered Accountant Services 13. Clearing & Forwarding Agent services 14. Commercial Vocational Institutes, coaching centres and private Tutorials 15. Commissioning and Installation Services 16. Company Secretary Services 17. Consultant Engineer services 18. Convention Service 19. Cost Accountan Accountantt Services 20. Couriers services 21. Credit Rating Agency Services 22. Custom House Agent services 23. Dry Cleaning Services 24. Event Management Services 25. Fascimile Service 26. Fashion Designing Services 27. Franchisee Services 28. General Insurance Services 29. Health Clubs and Fitness Centers Services 30. Insurance Auxiliary Services 31. Interior Decorators/Desig Decorators/Designers ners Services 32. Internet Cafe 33. Leased Circuits Service 34. Life Insurance Service including Insurance auxiliary Services relating to Life Insurance 35. Maintenance and Repair Services 36. Man Power Recruitment services 37. Management Consultant Services 38. Mandap Keeper Services 39. Market Research Agency Services 40. Online Information and Database access and / or Retrieval Service 41. Photography Service 42. Port Services 43. Radio Paging Services 44. Rail Travel Agent services 45. Real Estate Agents 46. Rent-a-Cab Scheme Operator Services 47. Scientific & Technical Consultancy Consultancy Service 48. Security / Detective Agency Services 49. Sound Recording Service 50. Steamer Agent Services 51. Stock Broker Services 52. Storage and Warehousing Services 53. Telegraph Service 54. Telephone Services 55. Telex Service 56. Tour Operator services 57. Under Writing Services 58. Video Tape Production Service Circular No. 59/8/2003 20th June, 2003 F. No. B3/7/2003-TRU Government of India Ministry of Finance Department of Revenue Tax Research Unit Subject: Imposition of Service Tax on new services consequent to enactment of Finance Bill, 2003-reg. 1. APPOINTMENT OF EFFECTIVE DATE FOR THE NEW SERVICES It may be recalled that the Finance Act, 2003 has made provisions to levy service tax, from a date to be notified later on, on the following new services,- Commercial training & coaching center  Technical testing & analysis; technical inspection and certification o Maintenance and repair service o Commissioning and installation o Business auxiliary services o Internet café o Franchise service o Further, it was also provided in the Finance Act to extend the scope of services already covered under the tax net in case of,port services (which were earlier limited to major ports) to cover all ports under the service tax net; o authorised automobile service was brought under the tax net with effect from 16.7.2001. However, o it was restricted only to motorcars and two wheeled motor vehicles. Buses, trucks, maxi cabs etc were not covered. Provision have been made to widen the scope of authorized automobile service to cover all such vehicles; foreign exchange broking service provided by any body corporate or non-banking financial o company was covered under the tax net in the category of banking and other financial service with effect from 16.7.2001. Provisions have been made to extend the scope of the tax to include the service provided by all foreign exchange brokers (including moneychangers and forex dealers). As per the provisions of the Finance Act, the above levies or extensions of levies are to come into effect from a date to be appointed by the Central government. government . In this regard, vide notification No.7/2003-Service Tax, date 20th June 2003, the government has appointed 1 st July, 2003, as the date from which the levy of Service tax on the above services would come into effect. 2. EXEMPTIONS AND CLARIFICATIONS 2.1 BUSINESS AUXILIARY SERVICE: 2.1.1 Call centers and medical transcription centers: Business Busi ness auxiliary auxiliary servi services ces provi provided ded by call centers (i.e. commercial commercial conc concern ern whic which h provi provides des assis assistanc tance, e, hel help p or  information, through telephone, on behalf of another person) and medical transcription centers (i.e. commercial concern which transcribes medical history, treatment, medical observations and the like) have been fully exempted from levy of  service tax w.e.f. 1st July, 2003, vide notification No. 8/2003-Servi 8/2003-Service ce Tax, dated 20th June, 2003. 2.1.2 Commission agent: As per the definition of business auxiliary services, services as commission agent are considered business auxiliary services. However services of  commission agents have been exempted from service tax w.e.f. 1 st July, 2003 vide notification No.13/2003-Service Tax dated 20 th June 2003. Commission agent has been defined in the notification, as a person who causes sale or purchase of goods, on behalf of another person for a consideration, which is based on the quantum of such sale or purchase. It may be noticed that the exemption under this notification is for a commission agent while the services of a consignme consignment nt agent remain taxable under the category of Clearing and Forwarding services. It may be ap appre precia ciated ted tha thatt the na natur ture e of ser servic vice e pro provid vided ed by a Co Consi nsign gnme ment nt ag agent ent is dif differ feren entt tha than n tha thatt pro provid vided ed by a commission agent. A consignment agent’s job is to receive the goods from the principal and dispatch them on the directions of the principal, whereas a commission agent’s job is to cause sale/purchase on behalf of another person. Thus, the essential difference is that a commission agent sells or purchases on behalf of the principal while consignment consignment agent receives and dispatches the goods on behalf of a principal. It is possible that a person may be a consignment agent as well as a commission agent. Such a person would already be covered in the category of Clearing and Forwarding agent and would be liable to pay service tax in that category. In other words, the present exemption is available only to such commission agent who is not a consignment agent. 2.1.3 Certain doubts have been raised in case of business auxiliary services. In this regard the following is clarified,While it is not possible to give an exhaustive list of business auxiliary services, the following are illustrations of  services that are covered under this category viz. evaluation of prospective customers, processing of purchase orders, customer cust omer man managem agement, ent, info informati rmation on and trac tracking king of deli delivery very sche schedule dules, s, acco accounti unting ng and proc processin essing g of tran transacti sactions, ons, operatio ope rational nal assi assistan stance ce for mark marketin eting, g, formu formulati lation on of custo customer mer servi service ce and prici pricing ng pol policies icies,, man managin aging g dist distribut ribution ion & logistics. The services provided in relation to getting a customer, verification of prospective customer, processing of  purchase order etc would also be covered under service tax, as the law specifically provides for inclusion of such services as business auxiliary support services. As regards the question whether insurance agents, C&F agents working on commission basis fall under the definition of business auxiliary service, it is clarified that they do not, as they are specifically covered within the definition of other  specified taxable services, namely the Insurance service and C&F Service respectively. Under Section 65A of Finance Act 1994, it has also been provided that in case of overlap, a service would be classified under the head, (a) which provides most specific description, (b) in case of a composite service having combination combination of different taxable services, the service which give them their essential character character and (c) in case the t he test of (a) and (b) does not resolve, the service which comes earlier in the clauses of Section 65, i.e. the service that was subjected to service tax earlier. Since Insurance services and C&F Services are more specific description and were also subjected to service tax prior to imposition of tax on business auxiliary service, the insurance agents, C&F agents working on commission basis would fall under those respective categories. categories. From this, it follows that a particular service can be taxed only under one head of service. As per the definition of business auxiliary services, information technology technology service is outside the purview of business auxiliary service. In the explanation appended to the definition in the Act itself, it has been clarified that information technology service means any service in relation to designing, developing or maintaining of computer software or  computerized data processing or system networking or any other service primarily in relation to operation of computer  systems. In this regard, it is clarified that only if the output service provided by a service provider is in the nature of the above operations, such exclusion would operate. The mere fact that a personal computer or a laptop has been used for  o • • • providing the service does not, ipso facto, make the service an information technology service. Similarly, the fact that any of the IT services mentioned in the explanation has been used by the service provider as an input service does not automatically automatica lly make the output service an IT service. Therefore, in such cases, individual service has to be examined with reference to the explanation provided to the definition of business auxiliary service and only such output services which qualify to be IT services in terms of the said explanation shall remain excluded from taxable service under the heading business auxiliary service. 2.2 VOCATIONAL TRAINING AND COACHING CENTERS: 2.2.1 Commercial coaching and training services provided by institutes that prepare applicants for Board examinations and competitive exams like entrance examinations for Indian Institute of Technology-Joint Entrance Examinations/Pre Medical Tests, Civil Services exams etc. are chargeable to service tax. However, services in relation to commercial coaching and training, provided by, vocational training institute; a. computer training institute; and  b. c. recreational training institute; have been exempted exempted from service tax w.e.f. 1st July, 2003 vide Notification No.9/2003-Servtice Tax dated 20 th June 2003. Therefore, vocational coaching and training services provided by typing and shorthand institutes, TV/ vehicle repair  training institutes, tailoring institutes, industrial training institutes, foreign language institutes, computer-training centers, hobby hob by class classes, es, insti institute tutes s teac teaching hing martial arts, pain painting, ting, dancing dancing etc would not be charg chargeabl eable e to servi service ce tax. This exemption would remain in force upto 29 th February 2004. 2.2.2 Institutes like the Institute of Chartered Accountants of India some time hire the services of other institutes to impart some part of training (like language or computer training) to the students undertaking courses for obtaining recognized degrees deg rees/dip /diploma lomas s (like Char Chartere tered d Acco Accounta untancy) ncy) from thei theirr inst institute itute.. Whe Whereas reas insti institutes tutes the Insti Institute tute of Char Chartered tered Accountants of India will not be chargeable to service tax because they confer qualifications recognized by law, the institutes or centers providing such part of training may be otherwise under service tax net. Vide notification No. 10/2003Service Tax dated 20 th June, 2003, exemption has been provided w.e.f. 1 st July, 2003 to such services rendered by commercial training or coaching centers from service tax which form an essential part of the course or curriculum leading to issuance of recognized certificate, diploma, degree or any other educational qualification. The exemption is subject to the condition that the receiver of such service (for example, student) makes payment for the entire course or curriculum to the institute or establishment issuing such certificate, diploma etc. and not to the commercial coaching or training center. 2.2.3 Certain doubts have been raised in case of commercial coaching and training. In this regard, the following is clarified,Whether service tax is leviable on postal coaching: coaching: It is clarified that service tax is leviable on any coaching or training provided by an institution on commercial basis. Therefore, the coaching provided by postal means would also be covered under the service tax and the charges, including the postal charges collected for rendering this service would be subjected to service tax. Whether service tax is leviable on institutes providing commercial commercial coaching in addition to recognized degree courses: Some institutes like colleges, apart from imparting education for obtaining recognized recognized degrees/diploma/certificate degrees/d iploma/certificates, s, also impart training for competitive examinations, examinations, various entrance tests etc. It is clarified that by definition, such institutes or establishments, which issue a certificate, diploma or  degree recognized by law, are outside the purview of "commercial training or coaching institute". Thus, even if such institutes or establishme establishments nts provide training for competitive examinations etc., such services rendered would be outside the scope of service tax. Whether individuals going to houses to impart tuition/coaching would be chargeable to service tax: It is clarified that service tax is on institutions/establishments. institutions/establishments. Therefore, only those service providers are covered under the service tax who have some establishment for providing commercial coaching or  training i.e. institutional coaching or training. Thus, individuals providing services at the premises of a service receiver would not be covered under service tax. However, if coaching or training center provides commerciall coaching by sending individuals to the premises of service receivers, such services would be commercia chargeable chargeabl e to tax, as in this case, the individuals are rendering services on behalf of an institution. Whether free summer training/ in house training provided by employers to their employees are covered under service tax net: It is clarified that in case employers provide any free training themselves, no service tax is chargeabl chargeable. e. However if an employer hires an outside commercial coaching or training center for imparting some training to its employees, then the payment made by the said employer to such coaching center will be chargeable to service tax. 2.3 MAINTENANCE AND REPAIR SERVICES: 2.3.1 Maintenance contracts entered into before 1 st July 2003: There are cases where maintenance contracts are entered into for a period of more than one year. Vide notification No.11/2003- Service Tax, dated 20 th June 2003 for maintenance contracts entered into prior to 1 st July, 2003, exemption has been provided to that part of the value of the service for which bill/invoices have been raised and the amount has actually been received prior to the 1 st July, 2003. For such contracts, all subsequent payments or payments made against invoice issued subsequent to the 1 st July 2003 will be chargeable to service tax. Similar will be situation for payments made for continuing services. 2.3.2 Certain doubts have been raised in case of maintenance and repair services as to whether service tax on maintenance and repair would be charged in cases where during the guarantee period, the services are provided to the buyer of the goods while the payments for the same are received from the supplier of the goods. In this regard it is clarified that irrespective of the fact that the receiver of the service is different from the person making payments payments for such services, the service tax is leviable on the services provided towards maintenance maintenance and repair. Therefore, for the services provided during the warranty period by the dealer or any other authorized person, service tax would also be leviable on • • • • any amount received by such dealer or such other authorized person from manufacturer of such goods. 2.4 FRANCHISE SERVICE: Franchise service is a service provided by franchisor to a franchisee. Section 65 of the Finance Act 1994, (sub section 47) defines franchise as a specific type of agreement. This agreement has various ingredients, ingredients, which have been specified in the said definition. For removal of doubt it is clarified that unless all the ingredients mentioned at (i) to (iv) of the said sub section are satisfied, the agreement can not be called as franchise agreement. agreement. These ingredients are,(i) the franchisee is granted representational representational right to sell or manufacture goods or to provide service or  undertake any process identified with franchisor, whether or not a trade mark, service mark, trade name or logo or any such symbol, as the case may be, is involved; (ii) the franchisor provides concepts of business operation to franchisee, including know how, method of  operation,, managerial expertise, marketing techniques or training and standards of quality control except operation passing on the ownership of all know how to franchisee; (iii) the franchisee is required to pay to the franchisor, directly or indirectly, a fee; and (iv) the franchisee is under an obligation not to engage in selling or providing similar goods or services or  process, identified with any other person. For example, the mere fact that a principal manufacturer has allowed production of goods bearing his brand name by another ano ther person und under er ‘Lice ‘License nse Prod Producti uction on Agre Agreeme ement`, nt`, doe does s not make the agre agreemen ementt a Fran Franchise chise Agreement. Agreement. A franchise agreement also includes the franchisee being obliged to follow the concept of business operation, managerial expertise, market techniques etc. of the franchisor and is under an obligation not to engage in selling, producing or  providing similar goods or services, identified with any other person. Therefore, in the absence of such ingredients, a mere licensed production cannot be called as a franchise agreement and accordingly the license fees paid for such license production cannot be charged to service tax. 2.5 TECHNICAL INSPECTION AND CERTIFICATION SERVICES: A doubt has been raised whether certification given in respect of immovable property should fall under the purview of  ‘technical inspection and certification services`. In this regard it may be recalled that earlier, CBEC vide its order No. 1/1/2002, dated 26.02.2003, issued under Section 37B (of the Central excise Act as made applicable to service tax) had clarified that certification given under authority of any code or statute can not be considered as a consulting engineer  service. However, the new service included in 2003 budget, namely namely ‘technical inspection and certification services` would cover certification of all types including that of immovable property. Therefore, it is clarified that such services become taxable from the notified date. 2.6 COMMISSIONING AND INSTALLAT I NSTALLATION ION SERVICES: SERVICES: Certain doubts have been raised in case of commercial coaching and training . In this regard, the following is clarified,In case of commissioning and installation it has been pointed out that in case of turnkey project, the contract may be indivisible and no separate value could be assigned to commissioning or installation of goods. Doubts have also been raised as to what would be the value of taxable service. It is submitted that it has been provided in law that service tax is leviable on erection and commissioning commissioning charges only and not on the material and goods supplied. supplied. However, it is upto the service serv ice provi provider der to show the brea break-up k-up of comm commissio issioning ning or inst installat allation ion charges. charges. In case service provider provider show shows s consolidated charges, service tax would be leviable on such consolidated amount. A doubt has been raised as to whether charges for erection of plant are covered under the service tax or only commissioning and installation charges. It is clarified that the law specifically provides for taxation of commissioning and installation of plant, machinery or equipment. Thus all activities other than the commissioning and installation of the plant/machinery/equipment  per se, will not be chargeable to service tax. 2.7 MANDAP KEEPER SERVICE: Religious places like parish hall, temples etc provide services as mandap keeper for hosting of social and religious functions. Though such services are liable to service tax under the mandap keeper services, vide notification No.14/2003No.14/2003Service Tax, 20th June, 2003 services provided by the religious centers as mandap keeper in their precincts have been exempted from service tax. 2.8 CREDIT OF SERVICE TAX PAID ON TELEPHONES: TELEPHONES: In regard to credit of service tax on telephone connection, queries have been raised as to whether service tax credit would be admissible on telephone sets installed only in the business premises. The answer is in the affirmative, and credit will be allowed only on telephone sets installed in the business premises. Mobile phones are not covered. 2.9 MISCELLANEOUS ISSUES: ISSUES: 2.9.1 In case of authorized service stations, maintenance or repair services, commissioning and installation services and photography services it has been provided in the law that the cost of goods and material shall not form part of the value to be subjected to service tax, if evidence (like sale invoice/bill) shows that these goods were sold. Such dispensation has, however, not been provided for other services like commercial coaching and training centers, telecom services. In this regard, rega rd, a gen general eral exem exemptio ption n und under er Notif Notificat ication ion No. 12/2 12/2003003-servi service ce Tax, dated 20th June June,, 200 2003 3 has been issu issued ed exempting that part of the value of all taxable services from service tax, which represents the cost of goods or material sold by the service provider to the receiver of such services during the course of provision of the taxable services. This exemption would be available only in cases where the sale of such goods is evidenced and the sale value is quantified and shown separately in the invoice. It is also clarified that in case of commercial training and coaching institutes, the exclusion shall apply only to the sale value of standard textbooks, which are priced. Any study material or written text provided by such institute as a part of service which does not satisfy the above criteria will be subjected to service tax. 2.9.2 In case of a non-resident service provider who does not have any office in India, the service receiver in India is liable to pay service tax. A doubt has been raised as to how such receiver would avail the service tax credit. As per the existing law, in such cases service receiver is required to take registration, to pay service tax and to comply with other  procedural formalities. formalities. As there is no bar under service tax law on the service tax payer to t o take the same amount back as credit, the service receiver after having paid the service tax on behalf of the non-resident service provider, can take credit of the same on the basis of document/ bill/invoice under which he paid the service tax. • • 2.9.3 Though the new rate of service tax of 8% came into force from 14 th May, 2003 on existing 51 services, and would come into effect from 1st July, 2003 in case of new services and extensions of services, in certain cases service providers have reportedly collected service tax @ 8% on such services, even prior to these specified dates. In such cases, unless the amount is refunded back to service receiver, the service provider is required to deposit amount equal to such duty collected in excess of that is leviable, as per the provisions of the service tax law. 3. The contents of this circular may be given wide publicity so that no difficulty is faced by the trade as well as the departmental officers in their observance and implementation. Apart from issuance of trade notice, wide publicity in the form of press releases and advertisement may also be given. Meetings/Seminars/ Consultations with the trade may be conducted to clarify the new provisions and clarifications relating thereto. Any difficulty faced by the trade in observance, by the officers in implementation or other issues pertaining to the new levies may be brought to the notice of the undersigned. undersign ed. However, references for clarifications pertaining to existing services may be made to Member (Service Tax) or to CX-4 Section. TAXABLE SERVICES Name of service 1. Advertising services 2. Air Travel Agent Services 3. Architect Services 4. Authorised service station 5. Banking and Other Financial Services 6. Beauty Parlour Services 7. Broadcasting Service 8. Business Auxiliary Services, namely Business Promotion and Support Services including Customer  Care Services (Excluding any information Technology Technology Services) 9. Cable Operator Services 10. Cargo Handling Services 11. Certification Service 12. Chartered Accountant Services 13. Clearing & Forwarding Agent services 14. Commercial Vocational Institutes, coaching centres and private Tutorials 15. Commissioning and Installation Services 16. Company Secretary Services 17. Consultant Engineer services 18. Convention Service 19. Cost Accountan Accountantt Services 20. Couriers services 21. Credit Rating Agency Services 22. Custom House Agent services 23. Dry Cleaning Services 24. Event Management Services 25. Fascimile Service 26. Fashion Designing Services 27. Franchisee Services 28. General Insurance Services 29. Health Clubs and Fitness Centers Services 30. Insurance Auxiliary Services 31. Interior Decorators/Desig Decorators/Designers ners Services 32. Internet Cafe 33. Leased Circuits Service 34. Life Insurance Service including Insurance auxiliary Services relating to Life Insurance 35. Maintenance and Repair Services 36. Man Power Recruitment services 37. Management Consultant Services 38. Mandap Keeper Services 39. Market Research Agency Services 40. Online Information and Database access and / or Retrieval Service 41. Photography Service 42. Port Services 43. Radio Paging Services 44. Rail Travel Agent services 45. Real Estate Agents 46. Rent-a-Cab Scheme Operator Services 47. Scientific & Technical Consultancy Consultancy Service 48. Security / Detective Agency Services 49. Sound Recording Service 50. Steamer Agent Services 51. Stock Broker Services 52. Storage and Warehousing Services 53. Telegraph Service 54. Telephone Services 55. Telex Service 56. Tour Operator services 57. Under Writing Services 58. Video Tape Production Service Circular No. 59/8/2003 20th June, 2003 F. No. B3/7/2003-TRU Government of India Ministry of Finance Department of Revenue Tax Research Unit Subject: Imposition of Service Tax on new services consequent to enactment of Finance Bill, 2003-reg. 1. APPOINTMENT OF EFFECTIVE DATE FOR THE NEW SERVICES It may be recalled that the Finance Act, 2003 has made provisions to levy service tax, from a date to be notified later on, on the following new services,Commercial training & coaching center  o Technical testing & analysis; technical inspection and certification o Maintenance and repair service o Commissioning and installation o Business auxiliary services o Internet café o Franchise service o Further, it was also provided in the Finance Act to extend the scope of services already covered under the tax net in case of,port services (which were earlier limited to major ports) to cover all ports under the service tax net; o authorised automobile service was brought under the tax net with effect from 16.7.2001. o However, it was restricted only to motorcars and two wheeled motor vehicles. Buses, trucks, maxi cabs etc were not covered. Provision have been made to widen the scope of authorized automobile service to cover all such vehicles; foreign exchange broking service provided by any body corporate or non-banking financial o company was covered under the tax net in the category of banking and other financial service with effect from 16.7.2001. Provisions have been made to extend the scope of the tax to include the service provided by all foreign exchange brokers (including moneychangers and forex dealers). As per the provisions of the Finance Act, the above levies or extensions of levies are to come into effect from a date to be appointed by the Central government. government . In this regard, vide notification No.7/2003-Service Tax, date 20th June 2003, the government has appointed 1st July, 2003, as the date from which the levy of Service tax on the above services would come into effect. 2. EXEMPTIONS AND CLARIFICATIONS 2.1 BUSINESS AUXILIARY SERVICE: 2.1.1 Call centers and medical transcription centers: Business Busi ness auxiliary auxiliary servi services ces prov provided ided by call cent centers ers (i.e. commercial commercial conc concern ern which provides provides assis assistanc tance, e, help or  information, through telephone, on behalf of another person) and medical transcription centers (i.e. commercial concern which transcribes medical history, treatment, medical observations and the like) have been fully exempted from levy of  service tax w.e.f. 1st July, 2003, vide notification No. 8/2003-Servi 8/2003-Service ce Tax, dated 20th June, 2003. 2.1.2 Commission agent: As per the definition of business auxiliary services, services as commission agent are considered business auxiliary services. However services of  commission agents have been exempted from service tax w.e.f. 1 st July, 2003 vide notification No.13/2003-Service Tax dated 20 th June 2003. Commission agent has been defined in the notification, as a person who causes sale or purchase of goods, on behalf of another person for a consideration, which is based on the quantum of such sale or purchase. It may be noticed that the exemption under this notification is for a commission agent while the services of a consignment agent remain taxable under the category of Clearing and Forwarding services. It may be appreciated that the nature of service provided by a Consignment agent is different than that provided by a commission agent. A consignment agent’s job is to receive the goods from the principal and dispatch them on the directions of the principal, whereas a commission agent’s job is to cause sale/purchase on behalf of another person. Thus, the essential difference is that a commission agent sells or purchases on behalf of the principal while consignment consignment agent receives and dispatches the goods on behalf of a principal. It is possible that a person may be a consignment agent as well as a commission agent. Such a person would already be covered in the category of Clearing and Forwarding agent and would be liable to pay service tax in that category. In other words, the present exemption is available only to such commission agent who is not a consignment agent. 2.1.3 Certain doubts have been raised in case of business auxiliary services. In this regard the following is clarified,While it is not possible to give an exhaustive list of business auxiliary services, the following are illustrations of  services that are covered under this category viz. evaluation of prospective customers, processing of purchase orders, customer management, information and tracking of delivery schedules, accounting and processing of transactions, operatio ope rational nal assis assistanc tance e for mark marketin eting, g, form formulat ulation ion of custo customer mer serv service ice and pric pricing ing poli policies, cies, man managin aging g dist distribut ribution ion & logistics. The services provided in relation to getting a customer, verification of prospective customer, processing of  • purchase order etc would also be covered under service tax, as the law specifically provides for inclusion of such services as business auxiliary support services. As regards the question whether insurance agents, C&F agents working on commission basis fall under the definition of business auxiliary service, it is clarified that they do not, as they are specifically covered within the definition of other specified taxable services, namely the Insurance service and C&F Service respectively. Under Section 65A of  Finance Act 1994, it has also been provided that in case of overlap, a service would be classified under the head, (a) which provides most specific description, (b) in case of a composite service having combination of different taxable services, the service which give them their essential character and (c) in case the test of (a) and (b) does not resolve, the service which comes earlier in the clauses of Section 65, i.e. the service that was subjected to service tax earlier. Since Insurance services and C&F Services are more specific description and were also subjected to service tax prior to imposition of tax on business auxiliary service, the insurance agents, C&F agents working on commission basis would fall under those respective categories. From this, it follows that a particular service can be taxed only under one head of  service. As per the definition of business auxiliary services, information technology service is outside the purview of business auxiliary service. In the explanation appended to the definition in the Act itself, it has been clarified that information technology service means any service in relation to designing, developing or maintaining of computer software or  computerized data processing or system networking or any other service primarily in relation to operation of computer  systems. In this regard, it is clarified that only if the output service provided by a service provider is in the nature of the above operations, such exclusion would operate. The mere fact that a personal computer or a laptop has been used for  providing the service does not, ipso facto, make the service an information technology service. Similarly, the fact that any of the IT services mentioned in the explanation has been used by the service provider as an input service does not automatically automatica lly make the output service an IT service. Therefore, in such cases, individual service has to be examined with reference to the explanation provided to the definition of business auxiliary service and only such output services which qualify to be IT services in terms of the said explanation shall remain excluded from taxable service under the heading business auxiliary service. 2.2 VOCATIONAL TRAINING AND COACHING CENTERS: 2.2.1 Commercial coaching and training services provided by institutes that prepare applicants for Board examinations and competitive exams like entrance examinations for Indian Institute of Technology-Joint Entrance Examinations/Pre Medical Tests, Civil Services exams etc. are chargeable to service tax. However, services in relation to commercial coaching and training, provided by, vocational training institute; a. computer training institute; and  b. c. recreational training institute; have been exempted exempted from service tax w.e.f. 1st July, 2003 vide Notification No.9/2003-Servtice Tax dated 20 th June 2003. Therefore, vocational coaching and training services provided by typing and shorthand institutes, TV/ vehicle repair  training institutes, tailoring institutes, industrial training institutes, foreign language institutes, computer-training centers, hobby classes, institutes teaching martial arts, painting, dancing etc would not be chargeable to service tax. This exemption would remain in force upto 29 th February 2004. 2.2.2 Institutes like the Institute of Chartered Accountants of India some time hire the services of other institutes to impart some part of training (like language or computer training) to the students undertaking courses for obtaining recognized degrees deg rees/dip /diploma lomas s (like Char Chartere tered d Accou Accountan ntancy) cy) from thei theirr inst institute itute.. Wher Whereas eas insti institutes tutes the Insti Institute tute of Char Chartered tered Accountants of India will not be chargeable to service tax because they confer qualifications recognized by law, the institutes or centers providing such part of training may be otherwise under service tax net. Vide notification No. 10/2003Service Tax dated 20 th June, 2003, exemption has been provided w.e.f. 1 st July, 2003 to such services rendered by commercial training or coaching centers from service tax which form an essential part of the course or curriculum leading to issuance of recognized certificate, diploma, degree or any other educational qualification. qualification. The exemption is subject to the condition that the receiver of such service (for example, student) makes payment for the entire course or curriculum to the institute or establishment issuing such certificate, diploma etc. and not to the commercial coaching or training center. 2.2.3 Certain doubts have been raised in case of commercial coaching and training. In this regard, the following is clarified,Whether service tax is leviable on postal coaching: coaching: It is clarified that service tax is leviable on any coaching or training provided by an institution on commercial basis. Therefore, the coaching provided by postal means would also be covered under the service tax and the charges, including the postal charges collected for rendering this service would be subjected to service tax. Whether service tax is leviable on institutes providing commercial commercial coaching in addition to recognized degree courses: Some institutes like colleges, apart from imparting education for obtaining recognized recognized degrees/diploma/certificate degrees/d iploma/certificates, s, also impart training for competitive examinations, examinations, various entrance tests etc. It is clarified that by definition, such institutes or establishments, which issue a certificate, diploma or  degree recognized by law, are outside the purview of "commercial training or coaching institute". Thus, even if such institutes or establishme establishments nts provide training for competitive examinations etc., such services rendered would be outside the scope of service tax. Whether individuals going to houses to impart tuition/coaching would be chargeable to service tax: It is clarified that service tax is on institutions/establishments. institutions/establishments. Therefore, only those service providers are covered under the service tax who have some establishment for providing commercial coaching or  training i.e. institutional coaching or training. Thus, individuals providing services at the premises of a service receiver would not be covered under service tax. However, if coaching or training center  provides commercial commercial coaching by sending individuals to the premises of service receivers, such services • • • • • would be chargeable to tax, as in this case, the individuals are rendering services on behalf of an institution. Whether free summer training/ in house training provided by employers to their employees are covered under service tax net: It is clarified that in case employers provide any free training themselves, no service tax is chargeabl chargeable. e. However if an employer hires an outside commercial coaching or training center for imparting some training to its employees, then the payment made by the said employer to such coaching center will be chargeable to service tax. 2.3 MAINTENANCE AND REPAIR SERVICES: 2.3.1 Maintenance contracts entered into before 1 st July 2003: There are cases where maintenance contracts are entered into for a period of more than one year. Vide notification No.11/2003No.11/200 3- Service Tax, dated 20th June 2003 for maintenance contracts entered into prior to 1 st July, 2003, exemption has been provided to that part of the value of the service for which bill/invoices have been raised and the amount has actually been received prior to the 1 st July, 2003. For such contracts, all subsequent payments or payments made against invoice issued subsequent to the 1 st July 2003 will be chargeable to service tax. Similar will be situation for  payments made for continuing services. 2.3.2 Certain doubts have been raised in case of maintenance and repair services as to whether service tax on maintenance and repair would be charged in cases where during the guarantee period, the services are provided to the buyer of the goods while the payments for the same are received from the supplier of the goods. In this regard it is clarified that irrespective of the fact that the receiver of the service is different from the person making payments payments for such services, the service tax is leviable on the services provided towards maintenance and repair. Therefore, for the services provided during the warranty period by the dealer or any other authorized person, service tax would also be leviable on any amount received by such dealer or such other authorized person from manufacturer of such goods. 2.4 FRANCHISE SERVICE: Franchise service is a service provided by franchisor to a franchisee. Section 65 of the Finance Act 1994, (sub section 47) defines defines franc franchise hise as a spec specific ific type of agre agreeme ement. nt. Thi This s agre agreeme ement nt has various ingredient ingredients, s, whic which h have been specified in the said definition. For removal of doubt it is clarified that unless all the ingredients mentioned at (i) to (iv) of  the said sub section are satisfied, the agreement can not be called as franchise agreement. These ingredients are,(i) the franchisee is granted representational representational right to sell or manufacture goods or to provide service or  undertake any process identified with franchisor, whether or not a trade mark, service mark, trade name or logo or any such symbol, as the case may be, is involved; (ii) the franchisor provides concepts of business operation to franchisee, including know how, method of  operation,, managerial expertise, marketing techniques or training and standards of quality control except operation passing on the ownership of all know how to franchisee; (iii) the franchisee is required to pay to the franchisor, directly or indirectly, a fee; and (iv) the franchisee is under an obligation not to engage in selling or providing similar goods or services or  process, identified with any other person. For example, the mere fact that a principal manufacturer has allowed production of goods bearing his brand name by another ano ther person under ‘Lice ‘License nse Prod Productio uction n Agre Agreeme ement`, nt`, doe does s not make the agre agreemen ementt a Fran Franchise chise Agreement. Agreement. A franchise agreement also includes the franchisee being obliged to follow the concept of business operation, managerial expertise, market techniques etc. of the franchisor and is under an obligation not to engage in selling, producing or  providing similar goods or services, identified with any other person. Therefore, in the absence of such ingredients, a mere licensed production cannot be called as a franchise agreement and accordingly the license fees paid for such license production cannot be charged to service tax. 2.5 TECHNICAL INSPECTION AND CERTIFICATION SERVICES: A doubt has been raised whether certification given in respect of immovable property should fall under the purview of  ‘technical inspection and certification services`. In this regard it may be recalled that earlier, CBEC vide its order No. 1/1/2002, dated 26.02.2003, 26.02.2003, issued under Section 37B (of the Central excise Act as made applicable to service tax) had clarified that certification given under authority of any code or statute can not be considered as a consulting engineer  service. However, the new service included in 2003 budget, namely ‘technical inspection and certification services` would cover certification of all types including that of immovable property. Therefore, it is clarified that such services become taxable from the notified date. 2.6 COMMISSIONING AND INSTALLAT I NSTALLATION ION SERVICES: SERVICES: Certain doubts have been raised in case of commercial coaching and training . In this regard, the following is clarified,In case of commissionin commissioning g and installation it has been pointed out that in case of turnkey project, the contract may be indivisible and no separate value could be assigned to commissioning or installation of goods. Doubts have also been raised as to what would be the value of taxable service. It is submitted that it has been provided in law that service tax is leviable on erection and commissioning commissioning charges only and not on the material and goods supplied. However, it is upto the service serv ice prov provider ider to show the brea break-up k-up of comm commissio issioning ning or insta installati llation on char charges. ges. In case service provider provider show shows s consolidated charges, service tax would be leviable on such consolidated amount. A doubt has been raised as to whether charges for erection of plant are covered under the service tax or only commissioning commission ing and installation charges. It is clarified that the law specifically provides for taxation of commissioning and installation of plant, machinery or equipment. Thus all activities other than the commissioning and installation of the plant/machinery/equipment  per se, will not be chargeable to service tax. 2.7 MANDAP KEEPER SERVICE: Religious places like parish hall, temples etc provide services as mandap keeper for hosting of social and religious functi fun ctions ons.. Th Thou ough gh suc such h se servi rvices ces are lia liable ble to ser servic vice e ta tax x un under der the ma mand ndap ap kee keepe perr ser servic vices, es, vid vide e no notif tifica icatio tion n th No.14/2003-Service No.14/200 3-Service Tax, 20 June, 2003 services provided by the religious centers as mandap keeper in their precincts have been exempted from service tax. 2.8 CREDIT OF SERVICE TAX PAID ON TELEPHONES: TELEPHONES: • • • In regard to credit of service tax on telephone connection, queries have been raised as to whether service tax credit would be admissible on telephone sets installed only in the business premises. The answer is in the affirmative, and credit will be allowed only on telephone sets installed in the business premises. Mobile phones are not covered. 2.9 MISCELLANEOUS ISSUES: ISSUES: 2.9.1 In case of authorized service stations, maintenance maintenance or repair services, commissioning and installation services and photography services it has been provided in the law that the cost of goods and material shall not form part of the value to be subjected to service tax, if evidence (like sale invoice/bill) shows that these goods were sold. Such dispensation has, however, not been provided for other services like commercial coaching and training centers, telecom services. In this regard, a general exemption under Notification No. 12/2003-service Tax, dated 20 th June, 2003 has been issued exempting that part of the value of all taxable services from service tax, which represents the cost of goods or material sold by the service provider to the receiver of such services during the course of provision of the taxable services. This exemption would be available only in cases where the sale of such goods is evidenced and the sale value is quantified and shown separately in the invoice. It is also clarified that in case of commercial training and coaching institutes, the exclusion shall apply only to the sale value of standard textbooks, which are priced. Any study material or written text provided by such institute as a part of service which does not satisfy the above criteria will be subjected to service tax. 2.9.2 In case of a non-resident service provider who does not have any office in India, the service receiver in India is liable to pay service tax. A doubt has been raised as to how such receiver would avail the service tax credit. As per the existing law, in such cases service receiver is required to take registration, to pay service tax and to comply with other  procedural formalities. formalities. As there is no bar under service tax law on the service tax payer to take the same amount back as credit, the service receiver after having paid the service tax on behalf of the non-resident service provider, can take credit of the same on the basis of document/ bill/invoice under which he paid the service tax. 2.9.3 Though the new rate of service tax of 8% came into force from 14 th May, 2003 on existing 51 services, and would come into effect from 1st July, 2003 in case of new services and extensions of services, in certain cases service providers have reportedly collected service tax @ 8% on such services, even prior to these specified dates. In such cases, unless the amount is refunded back to service receiver, the service provider is required to deposit amount equal to such duty collected in excess of that is leviable, as per the provisions of the service tax law. 3. The contents of this circular may be given wide publicity so that no difficulty is faced by the trade as well as the departmental officers in their observance and implementation. Apart from issuance of trade notice, wide publicity in the form of press releases and advertisement may also be given. Meetings/Seminars/ Consultations with the trade may be conducted to clarify the new provisions and clarifications relating thereto. Any difficulty faced by the trade in observance, by the officers in implementation or other issues pertaining to the new levies may be brought to the notice of the undersigned. undersign ed. However, references for clarifications pertaining to existing services may be made to Member (Service Tax) or to CX-4 Section. Income from business - Presentation Transcript Income from business/Profession By Prof. Augustin Amaladas M.Com., AICWA.,PGDFM., B.Ed. Charging Section[Sec.28] Profits and gains of any profession/profession Any compensation received related business Income received from members of similar profession Any benefit or perquisites from business /profession Export incentives from government Charging -Continue Any interest, salary, bonus, commission or remuneration received by a partner from firm. Sum received(compensation) from other company not to carry on any business for know how, patent, copy right, trademark. Profits and gains of managing agency Meaning of business Profit motive Business and rendering services to others Business cannot be carried on with oneself Export incentives Duty drawback import entitilement licences Are taxable u/s 28-Business/profession Business income not taxable u/s 28 1. Rental income in case of dealer in property taxable under the head income from house property[u/s22]. 2. Dividend on shares in case of a dealer in shares- taxed under income from other sources [u/s 56]. 3. winning from lotteries (lottery business) taxed u/s 56-income from other sources. Losses deductible from business income Loss due to natural calamity Loss due to non acceptance of goods Reduction in value of foreign currency which is meant for purchase of stock. Loss of cash/goods due to embezzelment, burglary, forfeiture of deposits. Loss of forgoing advance given by sugar industries to formers due to monsoon failure Loss not deductible from business Loss due to destruction of Capital asset. Loss on sale of investments held as investment. Loss of advance to set up a business but business could not be started. Depreciation in value of foreign currency for capital purpose Anticipated future losses. Loss of discontinued business Loss from illegal business[T.A.Qureshiv.CIT(2006)SC] Computation of assessable profits/loss for tax Net profit as per P/L Account Add : Amount debited to P/L A/c in respect of the following Loss of earlier years Capital losses Personal expenses (such as drawings) Income tax, surtax, wealth tax, gift tax, estate duty[Direct taxes], tax penalty, penal interest, fine. Continues Add: Charity and donation Gifts and presents to others All reserves/provisions such as tax provision, Reserve for dividend, provision for bad debts except provision for depreciation All expenses related to other heads of income Continues Add : Expenses not deductible u/s 40 and 40A Expenses debited to P/L A/C not admissible u/s 30 to 40A Add : Amount not credited to P/L A/c Deemed income Deduct :Income credited to P/L A/c but not chargeable under other heads Continues Less : Salary income( income from salary(u/s 15) Rental incomeIncome from House property(u/s22) Capital gain(u/s 45) Dividend[ Income from other sources(56)] Direct taxes refund such as Income tax, Wealth tax, estate duty, surtax refunds Bad debts, excise duty recovered not allowed as expenditure preceding previous years Deduct: Expenses not debited to P/L A/c but allowed u/s 30 to 40A Depreciation u/s 32 Income chargeable under income from business/profession. Specific deductions expressly allowed u/s 30 to 37 1.Rent (Sec.30) Repairs(including painting of a house ) Land revenue, local taxes and municipal taxes Insurance against risk of damage or destruction Not allowed: a) arrears of rent b) share of profit instead of rent c. Repairs and insurance of machinery, plant and furniture(sec.31) Revenue repair-allowed Capital expenditure – not allowed Quantum of expenditure is not important Depreciation Allowances(sec.32) Conditions: Asset must be owned by the assessee(Registration is not important),full control over asset,right to retain the possession and defend are characteristics of ownership. Used or ready to use for business purpose Used in the previous year Both tangible and intangible assets Right on occupancy on Lease property is entitled for depreciation If hirer purchaser has right over asset and hire seller will loose all rights- Depreciation is allowed. Depreciation-Continues Insurance premium, repairs and other expenditure incurred on leased business asset are deductible in the hands of lessor. If any asset is fully controlled such as lease the capital expenditure incurred by lessee can provide depreciation[32(1)(ii). Lease property Registered ownership is not necessary Sec. 53A of the transfer of property Act. If the assessee can be the co-owner to claim depreciation Any capital expenditure incurred by the person who takes building can provide depreciation on capital expenditure. Rules of Accounting Standard (AS19) not applicable for depreciation as per IT Act. Hire purchase Conditions: Hire purchaser can provide depreciation if hire purchaser has uninterrupted right over the asset. The seller looses his right Who can provide depreciation? Hire purchaser. Residential quarters If used by the assessee’s employees –depreciation is allowed. 50% of rate of depreciation If an asset acquired during the previous year. Put into use or ready to use for less than 180 days. Exceptions:1. Put into use for less than 180 days but ready to use for more than 180 days –full rate of depreciation If asset purchased in the preceding year to current previous year but put into use for less than 180 days during the current previous year what is the rate of depreciation rate? If an asset is not used at all-No depreciation not only for first year but also for subsequent period Full rate of depreciation. Can depreciation be provided on intangible assets such as know- how, patent rights, copy right, trade mark, licences, franchises etc. depreciation? Meaning of Building and Plant Building means: Super structure only. It does not include site. Plant : Includes ships, vehicle, books, technical know-how report, scientific apparatus and surgical equipment. It does not include tea bushes or livestock or building or furniture and fittings. If assessee does not claim depreciation whether is depreciation available? Method of depreciation Yes. Block asset method. What is block asset method? Similar nature of asset having the same rate of depreciation are clubbed together. 100% depreciation? 1. Building acquired on or after September 1, 2002 forming part of water supply project 2. Pollution control equipments 3. waste control equipment 4.wooden parts used in artificial silk manufacturing machine 5.cinimatograph films 6. Books Commercial vehicle If acquired and used before 31,March 2002. -Rate of depreciation is 50% . calculation of depreciation Block value in the beginning Add:- Purchase of asset of the same block Less:- Net sale value of the consideration received/receivable in cash /cheque/draft if any of the block of assets sold during the year Continuation Calculate depreciation of the balance amount. If it reaches to Zero value no more depreciation is allowed. If net sale consideration exceeds the block it amounts to short term capital gain. continues Once asset is depreciated the gain on sale of block never be a long term gain Index can not be used for the calculation of capital gain. If all assets of the assets sold out but block continues it amounts to short term capital loss. ###Intangible assets Depreciation is allowed at the rate of 25% Include: know- how, patent rights, copy rights, trade mark, licenses, franchises etc. Imported Cars Purchased between March 1, 1975 and March 31, 2001 for hire for tourist- no depreciation is allowed if used in India for business purposes other than for hire for tourist Used outside india for business-alowed For hire for tourist-allowed After 31 st March 2001- all purposes depreciation is allowed Change in the ownership in any part of the year due to amalgamation , absorption or demerger Calculate depreciation for the previous year as if no amalgamation/re-organization taken place Apportion between the companies on time basis. ###Computation of additional depreciation Manufacture or production of any article Purchased entirely new machinery Not used any part of the world Acquired and installed after March 31, 2005 Rate-20% If used less than 180 days-Half of the rate Excludes ships and aircrafts, used in the guest house, or office road transport vehicles Actual Cost Total cost-subsidy Includes: interest on money borrowed before the asset is put into use Bank charges Loading Unloading Actual cost-continues Modification before first put into use Training of staff to operate the machine Other related expenses required such as cold storage. Traveling expenses to acquire the asset Un-absorbed depreciation Deduct the depreciation of the previous year from income from business or profession Deduct it from other heads of income except salary If not able to absorb-carry over to subsequent assessment year (s) – No time limit. Subsequent assessment years Order of priority to set off: 1. current depreciation 2.Brought forward business losses 3. Un-absorbed depreciation Note: Continuity of business is not relevant. The same assessee only can carry forward Depreciation on Straight Line basis/WDV Applicable to Power units(generating and distribution of power) Assets acquired after 31 st march 1997. Terminal depreciation If straight line depreciation method followed on power generating units sold after the use of such asset more than one previous year Terminal depreciation=WDV> Net Sale consideration Capital gain=Net sale>WDV Tea, coffee and rubber development account[Sec.33AB] Deposit with NABARD or Deposit account of tea, coffee or rubber Board With in 6 months from the end of the previous year or before the last date of filing of returns whichever earlier Exemption: Amount deposited or 40% of profit whichever is less Can amount be withdrawn? withdrawal Only for the purpose stated If unutilised within the previous year it is treated as income If business closed or dissolved-treated as taxable profit If death of the taxpayer/partition of HUF/liquidation of company will not be treated as income Purpose: installed in plant and machinery in low priority sector or entitled to get 100% depreciation. Maximum 8 years Site restoration fund[sec.33ABA] Production of Petroleum /Natural gas in India Deposit with SBI/account opened as per petrolem and Natural Gas Commission In a scheme specified Before the end of the previous year Amount withdrawn should be used for low priority sector/100% depreciated and utiled within 8 years at the end of previous year. ###Scientific research[Sec.35] In house research All Revenue expenditure and Capital expenditure related to one’s business during the current previous year or even 3*** preceding previous years allowed [Except Land] Even asset is not put into use –it is allowed. No depreciation is allowed on such capital asset If such asset is sold what could be the consequences? If scientific asset sold? If not used for any other purpose: ***Sale or deduction already allowed whichever is less taxed as business profit. Capital gain=Sale-Cost (index if required) Contribution to National laboratory Including University, IIT Weighted deduction= 1.25 times of contribution can be treated as Expenditure. *** Even approval is withdrawn after the payment to such institution the assesssee who contributed can enjoy the benefit Expenditure on Patent rights and copy rights[35A] Capital Expenditure incurred before 1 st April 1998 14 instalments After 1 st April 1998- Depreciation can be claimed-25% Revenue expenditure- Fully allowed expenditure in the year such expenditure incurred. Technical know how Only depreciation 25% allowed Amortisation of telecom license fees[35ABB] Conditions Capital Expenditure Acquiring any right to operate telecommunication services Incurred before or after commencement of Business Mainly incurred to obtain license. If conditions fulfilled claim can be done u/s 35ABB otherwise u/s 37(1) as business expenditure. Payment to associations and institution for rural development program Institutions approved before 1 st March 1983 Deduction up to the amount paid Amortisation of preliminary expenses Indian Company or resident non corporate assessee Foreign company excluded Legal charges on MOA, AOA,printing of MOA, AOA,Registration fees,expenses connected to issue of shares or debentures Is there any limit? Limit of preliminary expenses Actual cost= costs incurred initially and additional costs after commencement Of business 5% of the cost of the project 5% of cost of project or 5% of capital employed Whichever is More(dil monge more) Non-Corporate assessee Corporate assessee Preliminary Exp. Continue The value on the last day of the previous year in which the business of the assessee commences. Deduction: 1/5 of the qualifying expenditure Expenses on issue of shares/Debentures New company even Old industrial company issue shares - u/s 35 D Old company-- u/s 37(1) except issue of shares) Old industrial company issue shares-35D Non industrial company – All expenses related to bonus issue, issue of debentures or raising of long term or short term loans Note : old non industrial company- Expenditure related to issue of shares can not be claimed Amortisation of expenditure incurred for amalgamation[35DD] Indian company Deductions in five successive installments Amortisation of expenditure under voluntary retirement scheme[35DDA] Any assessee Deduction 1/5 every year Voluntary retirement scheme need not be accordance with guidelines prescribed under section 10(10C) Amartisation of expenditure on development of certain minerals[35E] Indian companies and Resident assessee I/10 every year allowed Insurance premium to protect the asset or employees[36(1)(i)] Allowed Bonus to employees[36(1)(ii)] Interest on borrowed capital[36 (1)(iii) Interest on own capital is not allowed. Interest paid by a firm to partner is deductible- 12% per annum Simple interest Interest paid to wife and daughter- allowed Interest before the asset is put into use to be capitalised Interest paid outside India without deducting TDS Not allowed Discount on Zeeero coupon Discount Bonds[36(1)(iiia)] Issued after June 1, 2005 Minimum 10 years and Maximum 20 years Deduction on pro rata basis. ***Unpaid liabilities Includes: Local taxes, duty cess or fee under any law Sum payable to employees such PF, Gratuity, superannuation fund to employees, BONUS, OR COMMISSION Interest on loan borrowed from public financial institution such as ICICI,IFCI, IDBI,LIC AND UTI ONLY DEDUCTION ALLOWED ON PAYMENT BASIS OR ACCRUAL BASIS? Payment/ Accrual????? No payment- Not allowed If deposited EVEN before the last date of filing of returns with Proof for payment- fully allowed(page 336) ****Employees ’ contribution towards staff welfare scheme such as PF[36(1)(va)] Amount received by employerIncluded with the assessee’s Income If Paid to the employees’s account??? If paid !!!!! Due date #### as per the PF rules or Gratuity rules Usually with in a month of deduction from employees. *****not as per IT rules Written off of allowance for animals [36(1)(vi)] If died /useless Used as capital asset Allowed loss = Original cost- Carcasses or ( sale of animals ) No depreciation is allowed any time on animals Bad debts [36(1)(vii)] !!! If actual- allowed Provision –Never allowed If recovered[41(4)]-----If earlier allowed it is taxable If earlier denied - not taxable Provision for Bad and doubtful debts to rural branches of scheduled and non scheduled commercial banks[36(1)(vii)] bank and Institution bank Non scheduled Scheduled Financial Foreign 7.5% of income 5% 5% 10% of advances --- --made by rural branchs Transfer to SPECIAL RESERVE [36(1)(viii)] Long term (5 years or more) financial corporation/public company/government company Finance for industry/agriculture/infrastructure facilities in India. Deduction: Whichever is less 1. amount transferred to such account or 2. 40% of profit from business activities before such deductions 3. 200% of paid up capital and reserve on the last day of PY(- )amount in special reserve account in the beginning of the PY Family planning expenditure [36(1)(ix)] For Company assessee Revenue expenditure- Fully allowed Capital Expenditure - 1/5 th every year Non-corporate assessee can claim u/s 32(Depreciation on capital expenditure) and 37(1)(Revenue expenditure) Advertisement Expenditure[37(2B)] Advertisement In publication of political party ------ Not allowed All advertisements -- Allowed Expenses incurred by commission agent from insurance UTI agents etc.If commission less than 60,000 20,000 50% of commission 15% OF THE COMMISSION 33 1/3% No deduction 50% LIC –first year Renewal commission First & renewal Commission Bonus commission UTI/agents of specified securities, mutual funds authorised agent 3 2 1 Max. deduction Adhoc deduction commission Contribution towards Exchange risk Administration fund [36(1)(x)] By Public financial institution Deductible upto the assessment year 2007-08 Benefits to public financial institutions General deductions[37(1)] It should not be a capital expenditure or Not personal Not prohibited by law such as fine, penalty Not be an illegal expenditure Can we see some of the expenditures allowed as per various case laws? Expenses allowed *Litigation expenses to protect the trade or business /asset/or to retain title of asset *Legal expenses to receive loan *Litigation expenses in restoring trade mark ***Legal expenses to alter the AOA in conformity with the changes brought about in the companies ACT ****Damages paid to workers/fulfil the contract ***Damages for breach of contract Expenses allowed **Contribution to the union formed to oppose the nationalisation of assessee’s business **Expenses incurred during festival ***Premium paid for loss of profit *Professional tax paid All maintenance expenditure **Expenses incurred to register trade marks *****Entertainment expenses **Periodical payment for the use of goodwill Expenses allowed-case laws ###Estimated probable liability for free maintenance CIT vs Modi Olovetti ltd.(2004) ***Expenditure to car even it is huge[CIT vs Mangalchand premchand& co.[2004] **Repairs to maintain building taken on lease [Sumitomo Corpn. India (p) ltd. Expenditure on civil work on leased asset [Hero Honda motors vs CIT ***Interest on delayed payment of Provident fund[CIT vs Ishwari Khetan Sugar Mills (P0 ltd.(2004) Important notes & controversial issues Expenditure to issue of shares fees paid to Registrar to increase the authorised capital disallowed[Brook Bond India ltd Vs CIT(SC) Retrenchment compensation payable at the time of partial closure of business Is deductible. But at the time of closure of industry is not deductible[CIT vs MGF India(2004) Expenses allowed ****Expenditure to issue of debentures bonus shares allowed Controversial Continues ***Foreign study expenses incurred by the company even though the employee is a director’s son-allowed [J.B Advani& co Vs CIT](2005) Controversial Continues Medical expenses of wife employee of cine actor-Allowed [Ajay Singh Deol Vs CIT] Payment on account of membership fees for health club and also paid membership fees for an another club-Allowed [Sterlite Industries (India) Vs CIT(2006) Controversial- Continues ###Provision made for contribution towards Provident Fund maintained by Government of Tamilnadu sent on deputation to the assessee corporation-allowed[ CIT Vs Kattabomman Transport Corporation Ltd.(2004) Controversial Continues ***Interest on arrears of tax , sales tax compensatory in nature and not penal – allowed(Lachmandas Vs CIT(SC) (2002) ***Interest paid for late payment of tax is disallowed. Even Income-tax itself disallowed. Disallowed Expenditure *****Interest paid on borrowed funds to pay Income tax is disallowed Interest paid on installment of the price of property *****Expenditure to raise capital ***Expenditure on shifting of registered office Penalty/fine /interest on penalty *#*#*# Disallowed Important question to be asked!!! ****Protecting Business or protecting the title to capital asset. Capital Expenditure or revenue expenditure Expressly disallowed expenditures Interest, Royalty, fees for technical services payable outside India ***TAX TO BE DEDUCTED AND PAID WITHIN 7 DAYS FROM THE LAST DAY OF THE MONTH IN WHICH TAX WAS DEDUCTED OR Expressly disallowed expenditures AMOUNT PAID TO GOVERNMENT IN THE FINANCIAL YEAR IF NOT PAID WITHIN 7 DAYS FROM THE LAST DAY OF THE MONTH. Anything paid after the financial year and after the expiry of 7 days FROM THE LAST DAY OF THE MONTH -deductible only in the year of payment. Fringe benefit tax Fringe benefit tax, Income tax, wealth tax, securities transaction tax- Not Taxable Salary payable outside India without TDS Outside India both resident and non-resident In India to NON-REDIDEN NON-REDIDENT T NOT ALLOWED Payment from provident fund If TDS not done- Not allowed Tax on perquisites paid by the employer Tax paid by employer- Not taxable to employees Perquisites paid- Not deductible to employer (Non monetary) See illustration- para 82.1.8- page 328 Payment to relatives[ Sec. 40A(2)] Excess or unreasonable - disallowed Relative: husband, wife, brother or sister or lineal ascendant or descendant of that individual. Substantial interest:- at least 20% of equity or 20% profits of a concern at any time during the year Expenditure exceeding Rs. 20,000 Should be paid account payee crossed cheque or account payee demand draft. If not - 20% of such payment is disallowed. Note: on the same day any number of cheques less than 20,000 each can be given Partly cash, partly cheque without account payee crossed cheque without exceeding 20,000 each. Payment to unapproved gratuity by employer Not deductible expenditure. Recovery of earlier deductions If recovered in the subsequent assessment years it is taxable even there is no business and taxed in the hands of recepient. Undisclosed income Cash credit[sec.68] Undisclosed investment[sec.69] Unexplained money [sec. 69A] Amount of investments not fully disclosed [sec.69B] Unexplained expenditure [sec.69C] Amount borrowed or repaid on hundi[sec.69D] They are deemed income of the current previous year. Maintenance of books compulsory[Sec.44AA] Legal medical, engineering, architectural, accountancy, Film artist technical consultancy, or interior decoration and other notified profession [Specified professional] If gross receipts exceed 1,50,000 in any of the three years preceding the previous year. Non-specified professional- Income exceed Rs. 1,20,000 and total gross receipts exceed 10,00,000 What are those books maintained? Specified Books to be maintained Cash book A Journal on mercantile basis Ledger Carbon copies of machine numbered bills exceeding Rs. 25 issued by the person Original bills if exceed Rs. 50. If bills are not issued payment vouchers signed by the person Medical practitioner Additional books required: Daily cash register showing date, patient’s name, nature of professional services rendered, fees received and date of receipt Stock register for medicines and other consumable accessories . Audit of Accounts[sec.44AB] if crossed limit Business-Gross receipts /sales exceed 40 lakhs Profession- gross receipts exceed 10 lakhs Audit compulsory with out any limit of income/receipt Person engaged in: 1. civil construction[44AD]- 8% of gross receipts 2.Business of plying, leasing or hiring trucks[44AE]- Heavy vehicles Rs. 3500 pm (owned months), other vehicles- 3150 pm (not owned more than 10 vehicles any time during the previous year.- No expenditure is deductible . Retail traders[44AF]- 5% of turnover is considered as income Important points to solve problems Bonus-before last date of filing Depreciation- permitted as per income tax Direct taxes-disallowed Indirect taxes-allowed if paid before due date of filing Capital expenditure-disallowed Bad debts recovered-if allowed earlier taxable Income from other heads such as salary, house property etc-if included in the P/L /A/c deduct. Points to solve problems Outstanding statutory liability-before due date to be paid statutory penalty-disallowed Contractual penalty-allowed Personal expenditure-disallowed Points to solve problems Entertainment expenditure-fully allowed Maintenance of guest house-fully allowed Revenue advertisement including gift to customers-fully allowed. Points to solve problems Capital expenditure on advertisement-depreciation is allowed. Amount paid for expenses beyond 20,000 without crossed a/c payee cheque or draft -20% disallowed Any expenditure incurred (traveling) out side india –allowed to the extent of RBI’s permission Points to solve problems paid on borrowing-Not allowed Expenditure to audit-allowed Expenditure to prepare accounts for IT –allowed interest Points to solve problems Interest on borrowing to pay direct tax such as Income tax-disallowed Copy right , technical know how, patent right- amount paid disallowed but depreciation 25% only allowed. Employee’s contribution to PF- treated as income If such employee’s contribution is paid before due date as per the PF act- allowed. Points to solve problems Capital expenditure on travelling-disallowed Traveling expenditure to buy stock-allowed Insurance to asset or employees-fully allowed expenditure Profit on sale of capital asset which is included in the P/L /a/c- disallowed Points to solve problems Rent received from outsider other than employee- credited to P/L A/c-disallowed income-subtract from net profit-Income from House property. Any payment to workers/Government-Before the last date of filing returns is allowed Points to solve problems All reserves/provision except depreciation provision-disallowed Interest on own capital-disallowed Direct taxes refund like It refund shown in P/L A/C –disallowed income= subtract from profit Revenue repair to building , furniture even leasehold –allowed expenditure Points to solve problems Capital expenditure on family planning- 1/5 is allowed Loss of cash, goods-allowed. Donation and charity-disallowed Fringe benefit tax-disalowed Expenditure on issue of shares-disallowed ;where as expenditure on issue of debentures, arrangement of loan (borrowed capital)- allowed Points to solve problems Income from other heads-inadmissible income Advance payment of tax, provision for tax, income tax refund-disalloed Life insurance premium of owner paid from business-disallowed Scientific Research (in house)-fully allowed including capital expenditure Family planning revenue expenditure-allowed Points to solve problems Unapproved statutory funds-disallowed Closing stock and opening stock to be valued in the same manner Profit and loss account 10,00,000 Gross profit Interest on bonds Dividend received Rent Rent paid in advance Profit on sale of investment discount Salaries Rent and rates Office expenses Stock destroyed Depreciation Discount Advertisement Interest on loan Scientific research expenses Bad debts RBD Insurance on building Insurance stock Income tax Amount Rupees particulars Amount Rupees particulars Closing stock is 10% less than the actual value Opening stock was over valued by 8% Advance payment of tax provision for tax income tax refund Loss of cash, goods Capital expenditure on family planning Loss of cash, goods Donation and charity Fringe benefit tax Expenditure on issue of shares expenditure on issue of debentures , arrangement of loan on borrowed capital Bonus paid on 2 nd september Copy right technical know how patent rights Cash Amount paid for expenses 25000 Bad debts written off recovered (earlier disallowed) statutory penalty Contractual penalty Personal expenditure Interest paid on borrowed funds to pay Income tax Interest paid on installment of the price of property Expenditure to raise capital Expenditure on shifting of registered office Computation of Gross Total Income Contents 1 Salaries 2 Income from house property 3 Profits and gains of business or profession 4 Capital Gains 5 Income from other sources 6 Set off of Losses 7 Carry Forward of Losses Taxable income is computed under the respective heads (para 1.2.4) after allowing from gross receipts admissible deductions for cost and expenses. The net income under each of these heads is then aggregated to arrive at the 'Gross total Income'. Computation of income under individual heads is explained in paragraphs following. Salaries 4.2 Income from salaries is computed in accordance with the provisions of section 15 to 17 of the Act. 'Salary' means all remuneration paid or due under the contract of employment. It includes wages, annuity, pension, gratuity, fees, commission, perquisites, profits in lieu of or in addition to any salary or wages, any advance of  salary, leave salary encashment or any other payment by the employer for services rendered. The annual accretion to the balance at the credit of an employee participating in a recognised provident fund in excess of the prescribed limit is includible in the salary income of the employee. 'Perquisites' mean the benefits or amenities provided in kind by the employer free of cost or at a concessional rate. The value of these is regarded as part of salary. Rule 3 of the Income Tax Rules lays down the methods for determining the value of certain perquisites. For others the general rule of valuing the perquisites in the hands of the employee is to take the cost to the employer in providing the benefit or amenity. It has been clarified that securities allotted to an employee free of cost or at concessional rate under ESOP or as sweat equity shares will not be taxable as perquisite. 4.2.1 In order to be taxable under the head 'Salaries', it is necessary that there is a relationship of employer and employee between the payer and the receiver. It is for this reason remuneration received as a partner is not taxable as 'salary'. 4.2.2 In computing the salary income for the assessment year 1999-2000, a standard deduction is allowed as under:- i. Wher Where e salary salary inco income me is upto upto Rs. Rs. one lakh lakh - 33-1 33-1/3 /3% % or Rs. 25,0 25,000 00//- whic whiche heve verr is less. ii. ii. iii. iii. Wher Where e salar salary y incom income e excee exceeds ds Rs. Rs. one lakh lakh but but does does not exce exceed ed rupe rupees es five five lakh Rs. 20,000/-. Wher Where e sala salary ry inc incom ome e exce exceed eds s rupe rupees es fiv five e lakh lakh - NIL NIL Deduction for profession or employment tax levied by State Government is also allowed. Income from house property 4.3 Income from house property is computed in the hands of the owner in accordance with the provisions of  sections 22 to 27 of the Act. It is determined with reference to its 'annual value', i.e. the sum for which the  property might reasonably be let from year to year. However, where any property is tenanted and the annual rent received or receivable by the owner is in excess of the sum for which the property might reasonably be expected to  be let from year to year, the actual annual rent received or receivable is taken as the annual value of the property. value of a house property in the occupation occupation of a tenant, tenant, taxes levied by by any any local local 4.3.1 From the annual value authority in respect of the property to the extent such taxes are borne by the owner are deductible on actual  payment basis to arrive at the 'net annual value'. 4.3.2 Where the property consists of a house or a part of a house which is in the occupation of the owner for his own residence, its annual value is taken as Nil. But if such a property property is let out during any part of the previous previous year, its annual value is taken proportionately. Further, where the owner has only one resedential house and the house cannot be actually occupied by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him, its annual value is taken to be nil provided the house is not actually let out and no other benefit is derived by the owner from it. 4.3.3 From the net annual value, determined as above deductions on account of annual repairs and collection expenses (1/4th of the net annual value irrespective of actual expenditure), insurance charges in respect of   property, any annual annual charge, interest paid on any money borrowed for the building, ground ground rent, land revenue, unrealised rent are allowed. All these deductions are not allowed in respect of the house house property in the occupation of the owner for his own residence, the annual value of which is taken at Nil. In such a case deduction is allowed only for interest and that too upto Rs. 1,00,000 only provided the house was constructed or acquired after 1.4.1999 but before 1.4.2003. 4.3.4 Under the circumstances mentioned in Sec. 27 of the I.T. Act, a person can be deemed to be the owner of the house property and in such a case the income .from that property is taxable in the hands of that person. 4.3.5 Where the net result of computation of income from house property is loss and the assessee has income assessable under any other head of income, he is entitled to have such loss set off against income under other  heads. Any loss remaining unadjusted can be carried forward to the following assessment year for setoff against income from house property in that years and in succeeding seven years. Profits and gains of business or profession 4.4 Income from business or profession is computed in accordance with the provisions of sections 28 to 44D of the Act. The expression 'business or profession' includes any trade commerce or manufacture or vocation. Apart from income from any of these activities the income chargeable under this head includes the following receipts as well:- i. Comp ompensa ensati tio on re rece ceiv ived ed fo for the the ter termina minati tio on or or fo for mo modific ifica atio tions in terms and conditions of any managing agency agreement. ii. ii. Inco Income me of trad trade, e, prof profes essi sion onal al and and sim simil ilar ar as asso soci ciat atio ions ns from from spec specif ific ic services performed for its members. iii. Value of any benefit or perquisite arising from any business or profession. iv. iv. Pro rofi fitt on sa sale le of of a repl replen enis ishm hmen entt lic licen ense se,, cash cash as ass sista istan nce or or ref refu und of duty drawback granted to the exporters. v. Any in inter teres est, t, sa sala larry, bon bonus, commis mmiss sion ion or or rem remu uner neratio ation n due due to or received by a partner of a firm from such firm. vi. Any sum received under a keyman insurance policy including bonus on such policy. 4.4.1 Primarily the business or professional income is computed as per the accepted business and accounting norms and in accordance with the method of accounting regularly employed by the tax payer. Thus, whatever  constitutes a legitimate outgoing of revenue nature of a business is allowed as a deduction in computing the  business income. However, certain deductions are allowed in the Act as per the specific provisions made with regard to those deductions deductions and certain deductions, though business business related, are not allowed because of specific  bar on their allowance under under the Act. 4.4.2 Some of the specific provisions made in law for permissible deductions in computation of business or   professional income relate to the following items of expenditure and outgoings:- i. rent ent, rate rates, s, taxe taxes, s, repai epairrs and and insu insura ran nce of of pre premi mis ses used for the the purpose of business or profession; ii. repairs and and ins insurance of ma machinery, pla plant and and fur furniture use used for for the purpose of business of profession; iii. iii. depr deprec ecia iati tion on of tang tangib ible le as asse sets ts viz. viz.,, bui build ldin ing, g, mach machin iner ery, y, plan plantt and and furniture and intangible assets viz., know how, patents copy rights, trade marks, licences, franchises or any other business or commercial rights of  simi simila larr natu nature re owne owned d by the the tax tax paye payerr and and used used for for the the purp purpos ose e of  business or profession; iv. Expenditure in in re respect of of sc scientific research:a. On in-house research related to the business of the assessee. b. Capi Capittal expe expen nditu diture re (exc (excep eptt exp expe endit nditur ure e on on lan land) d) in relat elatio ion n to the research related to the business. c. Cont Contrribut ibutio ion n to to an an ap appro proved ved Uni Unive verrsity sity,, co colleg llege, e, as ass soc ocia iati tio on or instit instituti ution on for scient scientifi ific c resear research ch includ including ing resear research ch in so socia ciall science or statistical research. d. For pay payment to a Na National Lab Laboratory or a Un University or or an India Indian n Instit Institute ute of Techno Technolog logy y for scient scientifi ific c resear research ch under under an approved programme, a weighted deduction equal to one and onefourth time the sum paid is allowable. v. Expen xpendi ditu ture re of deff deffer ered ed reve revenu nue e nat natu ure whi which are amor amorti tise sed d ove overr a number of years. These are:(a) On acquisition of patent rights and 14 years (upto A.Y. 1998-99) copy rights (Sec. 35A) (b) On ac acq quisi uisiti tio on (Sec.35AB) of know know-h -ho ow 6 years (upto A.Y. 1998-99) (c) Preliminary expenses on setting up 5 years of business (Sec. 35D) (d) On prospecting for or extraction or production of mineral deposits 10 years (Sec.35E) (e) Expenditure in the nature of capital expe expend ndit itur ure e on obta obtain inin ing g lice licenc nce e to Years Years during during which which the licenc licence e oper operat ate e tele teleco comm mmun unic icat atio ion n serv se rvic ices es remains in force. (Sec. 35ABB) vi. premium in respect of insurance against risk of damage or destruction of stock and stores used for business or profession; vii vii. premi remiu um in in res respect pect of he health alth insur nsura ance nce of the the em employ ployee ees; s; viii. bonus an and co commission to to e em mployees; ix. ix. inte interres estt on on ca capita pitall bo borro rrowed for for th the bu busine sines ss or or pr profes ofessi sio on; x. contribution to a recognised provident fund, an approved superannuation fund or an approved gratuity fund; xi. bad debts; and xii xii. payme ayment nts s to to no notifi tified ed Ru Rural ral Deve Develo lopm pmen entt Fu Fund or to to Nat Natio ion nal Urba Urban n Poverty Eradication Fund or to approved organisation/institutions enaged in activities of conservation of natural resources or afforestation or for carryi carr ying ng ou outt elig eligib ible le proj projec ects ts or sc sche heme mes s appr approv oved ed by the the Nati Nation onal al Committee. 4.4.3 In addition, there is a residuary provision under which the tax payer can claim deduction in respect of any expenditure incurred wholly and exclusively for the purpose of the business or profession. This omnibus clause is not available for claiming any expenditure for which a specific provision is made or for  expenses of capital or personal nature or expenditure for any purpose which is an offence or which is prohibited  by law. Top 4.4.4 Expenses, even though business-related, which are not al lowed as deduction are i. expenditure on ad advertisement in any any sou souvenir etc etc. of a pol political party; ii. any int interest, salary, royalty, fees for technical services or oth other sum payable outside India from which due tax has not been deducted at source; iii iii. any tax ca calc lcu ulat lated on th the bas basiis of of pr profit ofits s or or ga gains ins of of the the busin usines ess s or profession e.g. income tax; iv. Wealth tax. Top 4.4.5 Apart from these; the tax authorities may disallow, or restrict the deduction to a reasonable level, where the  payments are made to any close relative or a business associate. Claims are also to be disallowed to the extent of  20% where payments in excess of Rs. 10,000/- are not made by a crossed cheque or a crossed bank draft. 4.4.6 The above stated principles of computation of business income apply uniformly to all forms of business activities. However, there exist certain special provisions under the Act which deal exclusively with taxation of   business income from certain specific activities. These provisions make departure from the normal manner of  computing income as explained above and prescribe for working out the taxable income on presumptive  basis as per the norms laid down. These are:- (i) Business of of civil construction construction or supply of  Profit as declared in the return or the sum labour for civil construction where the total equal to 8% of the gross receipts of the receipts do not exceed 40 lakh rupees previous year, whichever is higher. (Sec.44AD) (ii) Business of plying, hiring or leasing goods Profit as declared in the return of income or carriage, where the assessee does not own the sum calculated at Rs. 2,000/- per month more than ten goods carriages (Sec. 44AE) or part of a month for heavy goods vehicle and Rs. 1,800/- per month or part of a month for other vehicles, whichever is higher. (iii) Retail trade in goods or merchandise Profit as declared in the return of income or where the total turnover of the previous year the sum equal to 5% of total turnover of the does not exceed forty lakh rupees. previous year, whichever is higher. Further there are special provisions for computing presumptive income in the case of non-residents engaged in the  business of shipping, exploration, etc. of mineral oils, operation of aircraft and civil construction etc. in certain turnkey power projects. Such provisions also exist for taxation of income from certain dividends, interest and units derived by a non-resident or a foreign company and from royalty or fees for technical services derived by a foreign company. A detailed discussion about such provisions is made in Chapters VIII and X. 4.4.7 It is obligatory on persons engaged in certain specific professions such as legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, authorised representatives, film artists etc., to maintain books of accounts in a manner which may enable the assessing officer to compute their taxable income. The obligation to maintain such books of accounts is also on all other professions and business if the income in any of the preceding three years exceeded rupees 1,20,000 or the turnover/receipts in any of the  preceding three years exceeded rupees ten lakhs. For the business or profession which is newly set up the obligation arises if the income or turnover/receipts is likely to exceed these amounts in the previous year. Persons engaged in activities mentioned in para 4.4.6 are exempted from such obligation. 4.4.8 Further, every person carrying on business or profession in India must have his accounts audited by a chartered accountant if his turnover exceeds Rs. 40 lakhs (Rs. (Rs. 10 lakhs for professional professional receipt). A copy of the audited accounts and auditor's report are required to be furnished by the due date of filing the retrun of income. Certain other particulars are required to be filed alongwith the return of Income. The requirement to get the accounts audited does not apply to persons enaged in activities mentioned in para 4.4.6. 4.4.9 In case of a partnership firm deducation for certain payments made to its partners like interest and remuneration is subject to ceiling laid down in sec. 40 (b) introduced by Finance Act 1992. Capital Gains 4.5 Sections 45 to 55A deal with the provisions relating to computation of income from capital gains. Gains arising from the transfer of a capital asset are either short-term or long-term depending upon the period for which the assets giving rise to capital gains were held by the tax payer. A gain is short term if the asset was held for a  period upto 36 months. In the case of share of a company, listed security, unit of Unit Trust of India or of any other specified mutual fund, this period is 12 months. All other gains i.e. those arising from assets held for more than this period are called 'Long-term capital gains'. 4.5.1 Capital gain is computed by deducting from the full value of transfer consideration the following:- a. the cost of acquisi acquisition tion (or the the written down down value) of and cost cost of improvement improvement in the asset; b. the amount amount of expenditure incurred incurred in connection with such such transfer. transfer. The resultant amount in case of short term capital gains is taxable in full at the normal rate of taxation applicable to the tax payer. 4.5.2 In case of the following self-generated assets where there is no cost incurred by the assessee, the law  provides for the cost of acquisition to be taken as 'NIL' :- i. Goodw odwill ill or or a righ rightt to to ma manuf nufactu cture pro produc duce or or pro proce ces ss an any art artic icle le or thing. ii. Tenancy rights iii. Stage carriage permit iv. Loom hours 4.5.3 In case of slump sale of an undertaking or a division thereof, its net worth is to be taken as cost of  acquisition. This cost of acquisition is not to be indexed as stated in para 4.5.4. 4.5.4 There are special provisions for computation of long term capital gains. In such cases, the actual cost of  acquisition and the cost of improvement of the asset is adjusted to take account of inflation in terms of the Cost Inflation Index which is notified by the Central Government every year. For those assets which are acquired prior to 1st April, 1981, the actual cost can be taken to be its fair market value as on 1st April, 1981 which is than adjusted for inflation in the same manner. The notified cost inflation index is as under:S.No. Financial Year Cost Index 1. 1981-82 100 2. 1982-83 109 3. 1983-84 116 4. 1984-85 125 5. 1985-86 133 6. 1986-87 140 7. 3987-88 150 8. 1988-89 161 9. 1989-90 172 10. 1990-91 182 11. 1991-92 199 12. 1992-93 223 13. 1993-94 244 14. 1994-95 259 15. 1995-96 281 16. 1996-97 305 17. 1997-98 331 18. 1998-99 351 19. 1999-2000 389 4.5.5 Long term capital gains computed after taking into consideration the indexed cost of acquisition and/or cost of Irnprovement is taxable for and from the assessment year 1988-89 1988-89 at the flat rate of 20% irrespective of the residential status of the assessee. Exceptions are made in the case of certain categories of non-residents and NRIs (Refer para 7.3.4 and 11.3). In respect of gains arising from transfer of listed securities or unit tax so computed @.20% will be limited to 10% of capital gain worked out without indexation benefit.  No indexation benefit is available on bonds and debentures as also in respect of Global Depository Receipts  purchased by a resident employee under ESOP in foreign currency. 4.5.6 In case of non-residents, protection against loss arising from fluctuation in rupee value is provided in computation of capital gains if the share or debenture of an Indian company was acquired by utilising foreign currency. This is done to ensure that the amount of capital gains chargeable to tax is not influenced by the exchange rate fluctuation and represents only the accretion in value. The manner of granting such protection is mentioned in para 7.3.1 of Chapter VII. 4.5.7 Transfer of a capital asset in a scheme of amalgamation or demerger is not regarded as a transfer for the  purpose of capital gains when the amalgamated or the resulting company is an Indian company. Further, transfer  of a capital asset being shares in Indian companies from one foreign company to another, in a scheme of  amalgamation or demerger would not be regarded as a transfer if certain conditions are satisfied (para 7.3.2). Exemption from tax is also provided, subject to fulfillment of certain condition, when assets are transferred as a result of succession of a sole proprietory concern or a firm by a company. 4.5.8 In case the capital gain arising from transfer of an asset is used for acquiring similar assets within a specified  period, the whole or the proportionate amount of capital gain is not included in the income depending upon whether the whole of the capital gains is so used or only part of it is used for acquiring a new asset. Such cases are gains from residential house, agricultural land and from transfer of industrial undertaking (For details sections 54, 54B and 54G may be referred to). Gains from any long term asset if used for purchase or construction of  residential house where the person has only one residential house is also exempt (Sec. 54F). Similarly gain arising from transfer of any long-term capital asset is exempt-wholly or proportionately as the case may be-if the net consideration in respect of such transfer is wholly or partly invested, within a period of six months, in any of the  bonds, debentures, shares of a public company or units of a mutual fund specified by the Board for the purpose of  Section 54EA and notified in the official gazette. The assessee has the option to invest only the amount of capital gain in assets specified by the Board for the purpose of Section 54EB in which case the gain will be wholly or   proportionately exempt depending upon whether whole or part of the gain is so invested. The new assets cannot be transferred or converted into money within three years (if the net consideration was invested) and within seven years (if the capital gain only was invested). In the event of such transfer or conversion, the gains exempted on investment are brought to tax in the year of transfer or conversion of new assets and Rural Development or by the  National Highways Authority of Indian which are redeemable after five years. However gains arising from transfers after 31.3.2000 will be required to be invested only in bonds issues by National Bank for Agriculture. 4.5.9 Special provisions exist for taxation of capital gains arising to offshore funds from transfer of units  purchased in foreign currency, to non-residents from transfer of bonds or shares purchased in foreign currency and to Foreign Institutional Investors from transfer of listed securities purchased in foreign currency. These provisions are explained at 7.3.4 in Chapter VII. Income from other sources 4.6 Sections 56 to 59 deal with the provisions for computation of income under the head 'income from other  sources'. This is a residuary head covering all incomes which do not specifically fall .under any of the heads mentioned earliers. Some of the types of income which are assessable under this head are mentioned belows :- i. ii. ii. Dividends or or in income fr from un units of of mu mutual fu fund. Inter nteres estt incl inclu uding ding 'in 'inte tere rest st on on secu securi riti ties es'' if it it is not not ta taxabl xable e und under the head 'Profits and gains of business or profession'. iii. Income such as a. Gro Ground und rent ent or rent ent rece receiv ived ed or sub-l ub-let ettting ing a prope operty. rty. b. iv. Win Winnin ning fr from lott lotter erie ies, s, cros crosss-wo word rd puzz zzle les s, ra race ces s inc inclu ludi ding ng horse races, card games or from gambling or betting etc. c. Income fr from hi hiring of of ma machinery, pl plant or or fu furniture un unless such a hiring is the business of the taxpayer. Family pension. 4.6.1 In computing the taxable income under this head, deduction is allowable for expenditure (other than capital expenditure) which is incurred by the tax payer wholly and exclusively for the purpose of earning such income. Besides, in assessing dividend income, any remuneration or commission paid for realising such income is allowed as deduction. In assessing income from letting the machinery, plant or furniture on hire, the depreciation on the value of such assets calculated in the same manner as in respect of assets used in a business or profession is allowable as a deduction. No deduction is, however, allowed in respect of—  i. ii. any any per perso sona nall exp expen endi ditu ture re of the the tax tax paye payer; r; any sala salarie ries s or inter interest est payab payable le outsi outside de India India from from whic which h tax is is deducti deductible ble at at source source under the Act but has not been deducted. 4.6.2 Further, no deduction in respect of any expenditure or allowance is made in computing income from winnings referred in (iii) (b) of para 4.6 above. Such income is taxable at a flat rate of 40 per cent under the  provisions of Section 115BB. 4.6.3 A standard deduction equal to 33-1/3% of the pension amount or Rs. 15,000/- whichever is less is allowed in computing income from family pension. Set off of Losses 4.7 In case of computation of income under any of the heads of income results in a loss figure, such loss can be set off against income under under any other head (including (including capital gains) in the the same year. This, however, does not apply to losses from speculative transactions, losses from owning and maintaining race horses or to losses under the head 'Capital Gains'. Losses of these excluded categories can be set off only against income, if any, from activities in the same category in that year. Carry Forward of Losses 4.8 Losses under the head 'Profits and Gains of business or profession' except those sustained fr om speculative activities which cannot be set off against income under any other head within the same year can be carried forward to the succeeding eight years and set off only against income under the same head in those years. In case of —  i. ii. iii. iii. amalga amalgamat mation ion of co compa mpany ny owning owning indust industria riall under undertak taking ing or a ship ship with with anothe anotherr company; a de demerger of of a company; a reor reorga gani nisa sati tion on of busin busines ess s resu result ltin ing g in succ succes essi sion on of a firm firm or a prop propri riet etor ory y concern by a company; the accumulated losses or unabsorbed depreciation of the amalgamating company, demerged company or the  predecessor concern will, subject to fulfillment of certain conditions (sec. 72A), be treated as losses or  depreciation of amalgamated company, resulting company or the successor concern and will be allowed to be set off and carried forward as their own loss or depreciation Gains which would not be set off against income of  respective nature in any year can be carried forward for eight succeeding years for set off against income of  similar nature, if any, in those years. Losses in the activity of owning and maintaining race horses can be carried forward for set off against profits of similar activities in succeeding four years only. 4.8.2 Losses under the head income from house property which could not be set off against income under any other head can be carried forward for eight succeeding years for set off against income under this head in those years. 4.8.3 If 51% or more of the voting power changes hands in an unlisted company, the company will not be able to carry forward losses incurred before such change. How to Hire the Right Accountant for Your Business A business's bookkeeper or accountant should have the skills and knowledge that he or she needs to perform the required functions. If  you're going to hire an accountant, you need to know what qualifications to look for. Here are some guidelines for choosing the right person (or people) to enter and control the flow of your business’s data — and for making sure that those people remain the right people: College degree: Many accountants in business organizations have a college degree in accounting, but some got their bookkeeping methods and skills through on-the-job training. Although employees without an accounting degree may have good skills and instincts, they often lack the broader perspective necessary for improvising and being innovative. So, you want to at least look twice at a potential employee who has no college-based accounting background. CPA or  or CMA CMA:: When hiring an accountant in a business organization, determine whether he or she needs to be acertified acertified public accountant (CPA). The other main professional accounting credential i s the CMA, or certified certified management accountant accountant,, sponsored by the Institute of Management Accountants (IMA). Unlike the CPA license, the CMA designation of professional achievement is not regulated by the state. The CMA is evidence that the person has passed tough exams and has a good understanding of business accounting and income tax. Continuing education: Bookkeepers and accountants need continuing education to keep up with changes in the income tax law and financial reporting requirements, as well as changes in how the business operates. Fortunately, many short-term courses, home-study programs, and the like are available at very reasonable costs for keeping up on the latest accounting developments. When you hire an accountant, consider working his or her continuing education into your budget. It not only shows that you're committed to that accountant's future with the company, but it also guarantees that your books are kept according to the most recent guidelines and legislation. Integrity: What’s possibly the most important quality to look for is also the hardest to judge. Bookkeepers and accountants need to be honest people because of the control they have over your business’s financial records. Conduct a careful background check when hiring an accountant. As a small business owner, you have close day-in and day-out contact with your accountant, which can be a real advantage — you can get to know him or her on a personal level. þÿ B custom
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Q: What is Service tax?

A:Service tax is an indirect tax levied under the Finance Act, 1994, as amended from time to time, on
services. At present, there are approximately 96 categories (including 15 new services introduced by B
2006) of services taxable under the service tax net.
Q: What is the rate of service tax and are there different rates for different categories or a
rate across all categories?
A:Service tax is levied at a uniform rate of 12.24 percent (including education cess of 2 percent) from
date of enactment of Finance Bill, 2006
Q: List of new services that have been brought under this tax net in Budget 2006-07?
A: The new services made taxable include services provided by share transfer agents and registrar to
recovery agents, maintenance and management of Automatic Teller Machines, sale of advertising space
(except for print media), sponsorship of events by companies (except for sports), public relations mana
services, ship management services, international air travel (excluding economy class), rail container ha
services (excluding haulage charges), cruise ship travel, Internet telephony services, business support
auctioneers’ service (excluding auction of property under directions or orders of a court of law or auct
the government) and credit card, debit card and other payment card-related services.
Q: What is the value of service liable to service tax?
A: The value of service generally liable to service tax is the gross amount charged by the service prov
service rendered. Out of pocket expenses such as (travel, lodging, etc) paid on behalf of the client and
recovered on actual basis (supported by documentary evidence) have been clarified for certain service
being liable to service tax.
However, the Finance Act, 2006 substitutes a new section 67 in the place of the existing one for valua
the taxable service under different circumstances such as, consideration for service rendered was par
money or partly for consideration other than money.
Further, pursuant to the Finance Act, 2006, 'Service Tax (Determination of Value) Rules, 2006' ('Valu
Rules') have been introduced which specifies different principles for valuation depending upon the nat
consideration. The Valuation Rules have also prescribed certain conditions which have to be fulfilled by
service provider to claim a deduction on account of expenditure/ cost incurred by him in provision of a
As a result, various costs which are charged to the client as 'out of pocket' expenses (on which reimbu
is claimed) would be subject to service tax if the specified conditions are not satisfied.
Q: Who is liable to deposit Service tax?
A: Generally, the liability to deposit service tax is on the service provider. However, in case service is
by a person based (ie having a business/ fixed establishment from where service is provided/ permane
address/ place of residence) outside India and such service provider does not have an office in India,
person liable to deposit service tax is the service recipient based in India.
Further, with respect to 'goods transport agency services', if the consignee or consignor is a company
corporation, body corporate, factory, etc the service tax is required to be paid by the person liable to
freight instead of the goods transport agency.
Q: Are export of services liable to service tax?
A: No, as per the Export of Services Rules, 2005 (effective from March 15, 2005), export of services
liable to service tax. Further, vide notification no. 11/ 2005 -ST, rebate of service tax paid on exporte
services has been granted subject to certain conditions. Further, vide notification 12/ 2005 - ST, reba
excise duty on inputs and service tax paid on input services used in providing the exported service has
granted subject to certain conditions.
Q: Is service tax leviable on services received from outside India?
A: Prior to introduction of Finance Act, 2006, explanation to Section 65(105) of the Finance Act, 1994
(inserted vide Finance Act, 2005) levied service tax on taxable services rendered by a service provide
outside India (ie having a business/ fixed establishment from where service is provided/ permanent ad
place of residence outside India) to a person based in India.
Under the Finance Act, 2006 a new Section 66A has been introduced. This Section provides for levy o
tax on the services rendered by a service provider residing outside India to a person based in India. F
such cases, it is deemed that the service recipient in India has himself provided the taxable service in
and, accordingly, service tax is payable by the service recipient.
In addition to Section 66A, Taxation of Services (Provided from Outside India and received in India) R
2006 have been notified which lay down the criteria (similar to Export of Services Rules) based on w
service would be treated as ‘imports’ and thus be liable to service tax.
Q: Who is authorized to administer Service tax in the country?
A: The different jurisdictional Commissionerates of Central Excise and Director General of Service ta
authorized to administer service tax in India.
Registration
Q: What is the procedure for obtaining a Service tax registration?
A: A prospective Service tax assessee seeking registration should file an application in Form ST-1 (in d
with the jurisdictional Central Excise officer/ Service Tax officer within 30 days from the date on wh
service becomes taxable or from the commencement of the provision of a taxable service, as may be a
The application is required to be filed, generally, along with the following documents-

1. A copy of the PAN of the service provider;
2. The memorandum and articles of association of the establishment providing the services;
3. An address proof of the establishment from which it functions; AND
4. A power of attorney of the authorized signatory for the purposes of the said registration.

The requirement for filing the above stated documents (other than Form ST-1) is not prescribed in st
may vary from one jurisdiction to another.
Department is required to issue the registration certificate to the assessee within 7 days of the rece
application. In case of failure to issue registration certificate within 7 days, the registration applied f
deemed to have been granted and the assessee can carry on its activities. The registration certificate
a service tax registration number.
Q: Is separate registration certificate number required for, if the service provider is providing m
than one taxable service?
A: A single registration certificate number can be obtained for all services. However, the applicant sh
mention all taxable service categories on the registration application.
Q: In case of a registered service provider, providing a new taxable service, is he required to ob
fresh registration?
A:Service tax registration needs to be obtained for each taxable service category. In case a service p
already has a service tax registration certificate, the service provider would need to get the service t
registration certificate amended for the addition of the new taxable service category in the certifica
Q: Is there any prescribed period for intimation of change in information at the time of registra
A: The service provider is required to intimate any change in information submitted to the Central Exc
Officer at the time of registration within 30 days of the said change.
Q: If an assessee is providing services from more than one premise, does he have to obtain regis
for each premise?
A: To answer the above question, three situations are contemplated and discussed below:

1. Where the assessee is providing the service from more than one premises and has centralized b
system: When an assessee is providing taxable service from more than one premise or office an
centralized billing system in respect of such service rendered to clients in one or more such pre
offices, he may opt for registering such premises or offices from where such centralized billing
2. Where the assessee is providing the services from more than one premises and has centralized
accounting system: Where an assessee is providing services from more than one premise or offi
has a centralized accounting system in one or more such premises or offices, he may opt for reg
of such premises or offices from where centralized accounting is done.
3. Where the assessee is providing service from more than one premises but does not have central
billing system or centralized accounting system: Where an assessee is providing a taxable servic
more than one premise or office, but does not have any centralized billing system or centralized
accounting system, he would be required to obtain registration in respect of each of such premis
offices from where the services are rendered.

Q: What is the procedure for obtaining the service tax code ('STC') number?
A: An application in the prescribed format (in duplicate), as provided in Annexure II of CBEC Service
Circular No. 35/3/2001 dated 27 August 2001, along with a certified copy of the PAN card, has to be
submitted to the Superintendent of Central Excise.
Q: What are the consequences for failure to obtain registration?
A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty cla
penalty for contravention where no specific penalty is provided), penalty which may extend to Rs 1000
leviable.
Payment of tax, filing of return and maintenance of records
Q: What is the basis for the deposit of service tax by an assessee and at what intervals? Is se
to be deposited by the assessee, even in cases where his client does not pay for the services ren
or only pays a part of the bill raised in this regard?
A: The service tax is required to be paid only on the value of taxable services received for a particula
or quarter, as the case may be, and not on the gross amount charged or billed to the client. Ordinarily
tax should be deposited on a monthly basis. However, individual proprietary firms or partnership firms
required to deposit tax quarterly. In both the cases, whether monthly or quarterly, the tax is to be de
by the 5th of the month following the said month or the said quarter. However, tax for the month of M
required to be deposited by March 31. Service tax is required to be deposited through TR 6 challans.
Please note that in all cases where the amount received is less than the gross amount charged/ billed t
client, the service tax assessees are required to amend the bills, either by rectifying the existing bill
a revised bill and by properly endorsing such change in the billed amount.
In case payments have been made in advance for services which have not been provided as yet, service
required to be deposited on such advance amounts also.
Q: What is the consequence of delay of deposit of tax?
A: Any service provider not depositing tax within the time stipulated for the same, has to pay simple i
at the rate of 13 percent per annum.
In addition, the assessee may required to pay penalty ranging between Rs 100/- and Rs 200/- for ever
delay up to a maximum penalty which is equivalent to the service tax which has not been deposited. The
levy of penalty is at the discretion of the authorities.
However, as per the amendment introduced by the Finance Act, 2006, the assessee is required to pay
not less than Rs. 200/day of delay or 2% of the tax per month of delay, whichever is higher up to a ma
penalty which is equivalent to the service tax which has not been deposited. The actual levy of penalty
discretion of the authorities.
Q: At what intervals do service tax assesses have to file service tax returns? What are the doc
that have to be filed along with service tax returns Statement?
A: The service tax assesses are required to file a half yearly return in Form ST 3 or ST-3A, in triplica
the Superintendent Central Excise dealing with service tax. The returns have to be filed within 25 day
the last day of the particular half-year. Thus, the returns for half year ending September 30, and Ma
have to be filed by October 25, and April 25, respectively. The returns should be accompanied by copi
TR 6 challans, evidencing payment of service tax.
Further, an assessee filing service tax returns for the first time should also furnish to the Departmen
of all the accounts maintained by them relating to service tax.
Q: What are the consequences for failure to submit returns?
A: There is no specific penalty for failure to obtain registration. However, as per residuary penalty cla
penalty for contravention where no specific penalty is provided), penalty which may extend to an amoun
exceeding Rs 1000/- may be leviable.
Q: What are the records required to be maintained by an assessee?
A: No specific records are required to be maintained by a service tax assessee. Records required to b
maintained under any other law in force (sales tax, income tax etc) are acceptable for the purpose of s
tax.
Service tax credit
Q: Is service tax credit available for services utilized by a service provider?
A: Yes, an output service provider is allowed to avail credit of the service tax/ excise duty paid on inp
services/ input goods received and consumed, which are in relation to rendering of output services.
Q: What are the documents needed to avail service tax credit?
A:Service tax credit can be availed on the basis of the following documents:
1. Credit of service tax paid on input services can be availed on the basis of invoice, bill or challan issue
input service provider which should contain the following details:

1. Date of invoice
2. Serial number of document
3. Name, address and registration number of the input service provider
4. Name and address of the service recipient
5. Descripttion, classification and value of input service
6. Service tax paid/ payable.

2. Credit of service tax paid on input services received by an input service distributor can be availed o
basis of invoice, bill or challan issued by an input service distributor which should contain the following

1. Date of invoice
2. Serial number of the document
3. Name, address and registration number of the person providing input services and the serial num
date of the invoice, bill or challan (as provided hereinabove)
4. Name and address of the input service distributor
5. Name and address of the recipient of the credit distributed
6. Amount of credit distributed.

3. Credit of excise duty paid on inputs/ capital goods can be availed of on the basis of an invoice issued

1. A manufacturer for clearance of inputs or capital goods; or
2. An importer; or
3. A first stage dealer or second stage dealer; or
4. Supplementary invoice issued by a manufacturer or importer of inputs or capital goods; or Bill of
or
5. Certificate issued by an appraiser of customs in respect of goods imported through a foreign po

Q: What records need to be maintained to avail service tax credit?
A: The manufacturer/ output service provider should maintain proper records for receipt, disposal,
consumption and inventory of input and capital goods. There is no specified format in which the record
be maintained. However, the manufacturer/ output service provider needs to maintain records contain
information regarding the value, tax/ duty paid, cenvat credit availed and credit utilized, person from
inputs/ capital goods/ services are procured.
Q:Whether a service tax credit return needs to be filed?
A: Yes, an output service provider is obliged to file a return, on half yearly- basis, in the prescribed fo
indicating details of input service provider, input service tax credit available, credit utilized and the b
available, if any, along with the return to be filed in Form ST-3. The returns for half year ending Sept
30, and March 31, have to be filed by October 25, and April 25, respectively.
General exemptions
Q: What are the general exemptions available from service tax across all taxable service catego
A: Exemptions from service tax available across all taxable service categories are:

1. All taxable services provided by any person to the United Nations or any International agency, a
defined, shall be exempt from paying service tax related to those services. [Notification no. 16/
dated August 2, 2002]
2. All taxable services provided to a developer or units of SEZ for the development, operation and
maintenance of a SEZ or for setting up SEZ unit or for manufacture of goods buy the SEZ unit
been exempted from service tax, subject to satisfaction of the prescribed procedural requirem
[Notification No.17/2002/ST dated November 21, 2002]
3. The value of goods and materials that are sold by the service provider to the recipient of servic
provided there is documentary proof specifically indicating the value of the goods and materials
[Notification no 12/2003/ST effective July 1, 2003]
4. All taxable services rendered by the RBI have been exempted from service tax w.e.f. March 1, 2

Information Technology related services
Q: What are the relevant taxable service categories for a person providing Information Technolo
('IT') related services?
A: Depending of the nature of IT services provided by a person, the following taxable service categor
be relevant: -
Consulting engineer service means service provided by a professionally qualified engineer or any body c
or any other firm who, either directly or indirectly, renders any advice, consultancy or technical assist
any manner to a client in one or more disciplines of engineering excluding services provided in relation
discipline of computer hardware engineering or computer software engineering.
Management consultant service means any service provided by any person, either directly or indirectly
connection with the management of any organization in any manner and includes any advice, consultancy
technical assistance, in relation to financial management, human resources management, marketing man
production management, logistics management, procurement and management of information technolog
resources or other similar areas of management.
Commercial training or coaching service means any training or coaching provided by any institute or
establishment providing commercial training or coaching for imparting skill or knowledge or lessons on
subject or field other than the sports, with or without issuance of a certificate and includes coaching
tutorial classes but does not include preschool coaching and training centre or any institute or establis
which issues any certificate or diploma or degree or any educational qualification recognized by law for
time being in force.
Internet cafe service means service provided in relation to access of internet by any commercial estab
providing facility for accessing internet.
Management, maintenance or repair service means any service provided by-
• any person under a contract or agreement or
• a manufacturer or any person authorized by him, in relation to
i. management of properties, whether immoveable or not; or
ii. maintenance or repair including reconditioning or restoration or servicing of any of any goods, exclud
motor vehicle.
Any service in relation to maintenance or repair or servicing of software have been clarified as being l
service tax under this service category vide Circular No 81/2/2005 - ST dated 7 October 2005.
Online information and data base access or retrieval service means any service provided by a commerc
concern, for provision of data or information, retrievable or otherwise, to a customer, in electronic for
through a computer network.
Erection, commissioning or installation service means any service provided by a commissioning and insta
agency in relation to erection, commissioning or installation of plant, machinery or equipment, structure
whether or not pre-fabricated, electrical and electronic devices, plumbing, drain laying, etc for transp
fluid, heating or air conditioning, thermal or sound insulation, fire proofing, lift and escalators, and sim
services.
Business auxiliary service means any service in relation to -

• promotion or marketing or sale of goods produced or provided by or belonging to the client; or
• promotion or marketing of service provided by the client; or
• any customer care service provided on behalf of the client; or
• procurement of goods or services, which are inputs for the client; or
• production of goods on behalf of the client; or
• provision of service on behalf of the client; or
• any incidental or auxiliary support service such as billing, collection or recovery of cheques, acco
remittance, evaluation of prospective customer and public relation services, and includes service
commission agent, but does not include any information technology service.

"Information technology service" has been defined to mean any service in relation to designing or deve
computer software, system networking, or any other service primarily in relation to operation of compu
systems.
Definition of ‘business auxiliary services’ specifically excludes information technology service from the
of service tax. However, w.e.f 1 May 2006, the definition of information technology services was narro
exclude services in relation to ‘maintaining of computer software, or computerized data processing’ fro
purview.
Business auxiliary service has been clarified to include the services of evaluation of prospective custom
processing of purchase orders, customer management, information and tracking of delivery schedules,
accounting and processing of transactions, operational assistance for marketing, formulation of custom
service and pricing policies, managing distribution & logistics. Further, it has been clarified that the se
provided in relation to getting a customer, verification of prospective customer, processing of purchas
etc would also be covered under service tax, as the law specifically provides for inclusion of such servi
business auxiliary support services. Circular 59/8/2003 dated June 20, 2003]
Support services of business or commerce means services provided in relation to business or commerce
includes evaluation of prospective customers, telemarketing, processing of purchase orders and fulfillm
services, information and tracking of delivery schedules, managing distribution and logistics, customer
relationship management services, accounting and processing of transactions, operational assistance fo
marketing, formulation of customer service and pricing policies, infrastructural support services and o
transaction processing.
Infrastructural support services include providing office along with office utilities, lounge, and recept
competent personnel to handle messages, secretarial services, internet and telecom facilities, pantry a
security.
Automated teller machine operations, maintenance or management service means any service provided
relation to automated teller machines and includes site selection, contracting of location, acquisition, f
installation, certification, connection, maintenance, transaction processing, cash forecasting, replenish
reconciliation and value-added services.
Automated teller machine means an interactive automatic machine designed to dispense cash, accept d
cash, transfer money between bank accounts and facilitate other financial transactions.
Internet telephony means telecommunication service through internet and includes fax, audio conferen
video conferencing.
'Internet' means a global information system which is logically linked together by a globally unique add
based on Internet Protocol or its subsequent enhancements or upgradations and is able to support
communications using the Transmission Control Protocol or Internet Protocol suite or its subsequent
enhancements or upgradations and all other Internet Protocol compatible protocols.
Services in relation to sale of space or time means services provided, in relation to sale of space or tim
advertisement, in any manner but does not include sale of space for advertisement in print media and s
time slots by a broadcasting agency or organisation.
Such services include:

1. providing space or time, as the case may be, for display, advertising, showcasing of any product
service in video programmes, television programmes or motion pictures or music albums, or on bi
public places, buildings, conveyances, cell phones, automated teller machines, internet;
2. selling of time slots on radio or television by a person, other than a broadcasting agency or orga
and
3. aerial advertising.

Q: What are the exemptions available with respect to IT related services?
A: The exemptions available with respect to IT related services are: -

• Consulting engineer service- As per the definition of 'taxable service', services provided by a co
engineer in the discipline of computer hardware engineering or computer software engineering a
taxable.
• Business auxiliary service- The definition of business auxiliary services excludes information tec
services, which is any service in relation to designing or developing of computer software, system
networking, and any other services primarily related to operation of computers, are excluded fr
ambit of business auxiliary service category. [Explanation to section 65 (19) of the Finance Act,
• Commissioning or installation service- The taxable service provided in relation to commissioning
installation by a commissioning and installation agency, has been exempted from so much of the
tax leviable as is in excess of the amount of service tax calculated on a value which is equivalent
thirty-three per cent of the gross amount charged from the customer under a contract for supp
plant, machinery or equipment and commissioning or installation of the said plant, machinery or
equipment, subject to the prescribed conditions..Explanation: - For the purposes of this notifica
gross amount charged shall include the value of the plant, machinery, equipment, parts and any o
material sold by the commissioning and installation agency, during the course of providing commi
or installation service. [Notification no 1/2006/ST dated 1 March 2006]

Q: What is Service tax?
A:Service tax is an indirect tax levied under the Finance Act, 1994, as amended from time to
time, on specified services. At present, there are approximately 96 categories (including 15
new services introduced by Budget 2006) of services taxable under the service tax net.
Q: What is the rate of service tax and are there different rates for different
categories or a common rate across all categories?
A:Service tax is levied at a uniform rate of 12.24 percent (including education cess of 2
percent) from the date of enactment of Finance Bill, 2006
Q: List of new services that have been brought under this tax net in Budget 2006-07?
A: The new services made taxable include services provided by share transfer agents and
registrar to issues, recovery agents, maintenance and management of Automatic Teller
Machines, sale of advertising space or time (except for print media), sponsorship of events by
companies (except for sports), public relations management services, ship management
services, international air travel (excluding economy class), rail container handling services
(excluding haulage charges), cruise ship travel, Internet telephony services, business support
services, auctioneers’ service (excluding auction of property under directions or orders of a
court of law or auction by the government) and credit card, debit card and other payment
card-related services.
Q: What is the value of service liable to service tax?
A: The value of service generally liable to service tax is the gross amount charged by the
service provider for service rendered. Out of pocket expenses such as (travel, lodging, etc)
paid on behalf of the client and recovered on actual basis (supported by documentary
evidence) have been clarified for certain services as not being liable to service tax.
However, the Finance Act, 2006 substitutes a new section 67 in the place of the existing one
for valuation of the taxable service under different circumstances such as, consideration for
service rendered was partly in money or partly for consideration other than money.
Further, pursuant to the Finance Act, 2006, 'Service Tax (Determination of Value) Rules,
2006' ('Valuation Rules') have been introduced which specifies different principles for
valuation depending upon the nature of consideration. The Valuation Rules have also prescribed
certain conditions which have to be fulfilled by a service provider to claim a deduction on
account of expenditure/ cost incurred by him in provision of a service.
As a result, various costs which are charged to the client as 'out of pocket' expenses (on
which reimbursement is claimed) would be subject to service tax if the specified conditions
are not satisfied.
Q: Who is liable to deposit Service tax?
A: Generally, the liability to deposit service tax is on the service provider. However, in case
service is provided by a person based (ie having a business/ fixed establishment from where
service is provided/ permanent address/ place of residence) outside India and such service
provider does not have an office in India, then the person liable to deposit service tax is the
service recipient based in India.
Further, with respect to 'goods transport agency services', if the consignee or consignor is a
company, corporation, body corporate, factory, etc the service tax is required to be paid by
the person liable to pay freight instead of the goods transport agency.
Q: Are export of services liable to service tax?
A: No, as per the Export of Services Rules, 2005 (effective from March 15, 2005), export of
services is not liable to service tax. Further, vide notification no. 11/ 2005 -ST, rebate of
service tax paid on exported services has been granted subject to certain conditions. Further,
vide notification 12/ 2005 - ST, rebate of excise duty on inputs and service tax paid on input
services used in providing the exported service has been granted subject to certain
conditions.
Q: Is service tax leviable on services received from outside India?
A: Prior to introduction of Finance Act, 2006, explanation to Section 65(105) of the Finance
Act, 1994 (inserted vide Finance Act, 2005) levied service tax on taxable services rendered
by a service provider residing outside India (ie having a business/ fixed establishment from
where service is provided/ permanent address/ place of residence outside India) to a person
based in India.
Under the Finance Act, 2006 a new Section 66A has been introduced. This Section provides
for levy of service tax on the services rendered by a service provider residing outside India
to a person based in India. Further, in such cases, it is deemed that the service recipient in
India has himself provided the taxable service in India and, accordingly, service tax is payable
by the service recipient.
In addition to Section 66A, Taxation of Services (Provided from Outside India and received in
India) Rules, 2006 have been notified which lay down the criteria (similar to Export of
Services Rules) based on which a service would be treated as ‘imports’ and thus be liable to
service tax.
Q: Who is authorized to administer Service tax in the country?
A: The different jurisdictional Commissionerates of Central Excise and Director General of
Service tax are authorized to administer service tax in India.
Registration
Q: What is the procedure for obtaining a Service tax registration?
A: A prospective Service tax assessee seeking registration should file an application in Form
ST-1 (in duplicate) with the jurisdictional Central Excise officer/ Service Tax officer within
30 days from the date on which the service becomes taxable or from the commencement of
the provision of a taxable service, as may be applicable.
The application is required to be filed, generally, along with the following documents-

1. A copy of the PAN of the service provider;
2. The memorandum and articles of association of the establishment providing the
services;
3. An address proof of the establishment from which it functions; AND
4. A power of attorney of the authorized signatory for the purposes of the said
registration.

The requirement for filing the above stated documents (other than Form ST-1) is not
prescribed in statute and may vary from one jurisdiction to another.
Department is required to issue the registration certificate to the assessee within 7 days of
the receipt of the application. In case of failure to issue registration certificate within 7
days, the registration applied for is deemed to have been granted and the assessee can carry
on its activities. The registration certificate contains a service tax registration number.
Q: Is separate registration certificate number required for, if the service provider is
providing more than one taxable service?
A: A single registration certificate number can be obtained for all services. However, the
applicant should mention all taxable service categories on the registration application.
Q: In case of a registered service provider, providing a new taxable service, is he
required to obtain a fresh registration?
A:Service tax registration needs to be obtained for each taxable service category. In case a
service provider already has a service tax registration certificate, the service provider would
need to get the service tax registration certificate amended for the addition of the new
taxable service category in the certificate.
Q: Is there any prescribed period for intimation of change in information at the time of
registration?
A: The service provider is required to intimate any change in information submitted to the
Central Excise Officer at the time of registration within 30 days of the said change.
Q: If an assessee is providing services from more than one premise, does he have to
obtain registration for each premise?
A: To answer the above question, three situations are contemplated and discussed below:

1. Where the assessee is providing the service from more than one premises and has
centralized billing system: When an assessee is providing taxable service from more
than one premise or office and has a centralized billing system in respect of such
service rendered to clients in one or more such premises or offices, he may opt for
registering such premises or offices from where such centralized billing is done.
2. Where the assessee is providing the services from more than one premises and has
centralized accounting system: Where an assessee is providing services from more than
one premise or office but has a centralized accounting system in one or more such
premises or offices, he may opt for registration of such premises or offices from
where centralized accounting is done.
3. Where the assessee is providing service from more than one premises but does not
have centralized billing system or centralized accounting system: Where an assessee is
providing a taxable service from more than one premise or office, but does not have any
centralized billing system or centralized accounting system, he would be required to
obtain registration in respect of each of such premises or offices from where the
services are rendered.

Q: What is the procedure for obtaining the service tax code ('STC') number?
A: An application in the prescribed format (in duplicate), as provided in Annexure II of CBEC
Service tax Circular No. 35/3/2001 dated 27 August 2001, along with a certified copy of the
PAN card, has to be submitted to the Superintendent of Central Excise.
Q: What are the consequences for failure to obtain registration?
A: There is no specific penalty for failure to obtain registration. However, as per residuary
penalty clause (ie penalty for contravention where no specific penalty is provided), penalty
which may extend to Rs 1000/- may be leviable.
Payment of tax, filing of return and maintenance of records
Q: What is the basis for the deposit of service tax by an assessee and at what
intervals? Is service tax to be deposited by the assessee, even in cases where his client
does not pay for the services rendered or only pays a part of the bill raised in this
regard?
A: The service tax is required to be paid only on the value of taxable services received for a
particular month or quarter, as the case may be, and not on the gross amount charged or billed
to the client. Ordinarily service tax should be deposited on a monthly basis. However,
individual proprietary firms or partnership firms are required to deposit tax quarterly. In
both the cases, whether monthly or quarterly, the tax is to be deposited by the 5th of the
month following the said month or the said quarter. However, tax for the month of March is
required to be deposited by March 31. Service tax is required to be deposited through TR 6
challans.
Please note that in all cases where the amount received is less than the gross amount
charged/ billed to the client, the service tax assessees are required to amend the bills, either
by rectifying the existing bill or issuing a revised bill and by properly endorsing such change in
the billed amount.
In case payments have been made in advance for services which have not been provided as
yet, service tax is required to be deposited on such advance amounts also.
Q: What is the consequence of delay of deposit of tax?
A: Any service provider not depositing tax within the time stipulated for the same, has to pay
simple interest at the rate of 13 percent per annum.
In addition, the assessee may required to pay penalty ranging between Rs 100/- and Rs 200/-
for every day of delay up to a maximum penalty which is equivalent to the service tax which
has not been deposited. The actual levy of penalty is at the discretion of the authorities.
However, as per the amendment introduced by the Finance Act, 2006, the assessee is
required to pay penalty not less than Rs. 200/day of delay or 2% of the tax per month of
delay, whichever is higher up to a maximum penalty which is equivalent to the service tax
which has not been deposited. The actual levy of penalty is at the discretion of the
authorities.
Q: At what intervals do service tax assesses have to file service tax returns? What are
the documents that have to be filed along with service tax returns Statement?
A: The service tax assesses are required to file a half yearly return in Form ST 3 or ST-3A,
in triplicate, to the Superintendent Central Excise dealing with service tax. The returns have
to be filed within 25 days from the last day of the particular half-year. Thus, the returns for
half year ending September 30, and March 31, have to be filed by October 25, and April 25,
respectively. The returns should be accompanied by copies of all TR 6 challans, evidencing
payment of service tax.
Further, an assessee filing service tax returns for the first time should also furnish to the
Department the list of all the accounts maintained by them relating to service tax.
Q: What are the consequences for failure to submit returns?
A: There is no specific penalty for failure to obtain registration. However, as per residuary
penalty clause (ie penalty for contravention where no specific penalty is provided), penalty
which may extend to an amount not exceeding Rs 1000/- may be leviable.
Q: What are the records required to be maintained by an assessee?
A: No specific records are required to be maintained by a service tax assessee. Records
required to be maintained under any other law in force (sales tax, income tax etc) are
acceptable for the purpose of service tax.
Service tax credit
Q: Is service tax credit available for services utilized by a service provider?
A: Yes, an output service provider is allowed to avail credit of the service tax/ excise duty
paid on input services/ input goods received and consumed, which are in relation to rendering
of output services.
Q: What are the documents needed to avail service tax credit?
A:Service tax credit can be availed on the basis of the following documents:
1. Credit of service tax paid on input services can be availed on the basis of invoice, bill or
challan issued by an input service provider which should contain the following details:

1. Date of invoice
2. Serial number of document
3. Name, address and registration number of the input service provider
4. Name and address of the service recipient
5. Descripttion, classification and value of input service
6. Service tax paid/ payable.

2. Credit of service tax paid on input services received by an input service distributor can be
availed on the basis of invoice, bill or challan issued by an input service distributor which
should contain the following details:

1. Date of invoice
2. Serial number of the document
3. Name, address and registration number of the person providing input services and the
serial number and date of the invoice, bill or challan (as provided hereinabove)
4. Name and address of the input service distributor
5. Name and address of the recipient of the credit distributed
6. Amount of credit distributed.

3. Credit of excise duty paid on inputs/ capital goods can be availed of on the basis of an
invoice issued by:

1. A manufacturer for clearance of inputs or capital goods; or
2. An importer; or
3. A first stage dealer or second stage dealer; or
4. Supplementary invoice issued by a manufacturer or importer of inputs or capital goods;
or Bill of entry; or
5. Certificate issued by an appraiser of customs in respect of goods imported through a
foreign post office.

Q: What records need to be maintained to avail service tax credit?
A: The manufacturer/ output service provider should maintain proper records for receipt,
disposal, consumption and inventory of input and capital goods. There is no specified format in
which the records need to be maintained. However, the manufacturer/ output service provider
needs to maintain records containing information regarding the value, tax/ duty paid, cenvat
credit availed and credit utilized, person from whom inputs/ capital goods/ services are
procured.
Q:Whether a service tax credit return needs to be filed?
A: Yes, an output service provider is obliged to file a return, on half yearly- basis, in the
prescribed form (III) indicating details of input service provider, input service tax credit
available, credit utilized and the balance available, if any, along with the return to be filed in
Form ST-3. The returns for half year ending September 30, and March 31, have to be filed
by October 25, and April 25, respectively.
General exemptions
Q: What are the general exemptions available from service tax across all taxable service
categories?
A: Exemptions from service tax available across all taxable service categories are:

1. All taxable services provided by any person to the United Nations or any International
agency, as defined, shall be exempt from paying service tax related to those services.
[Notification no. 16/2002/ST dated August 2, 2002]
2. All taxable services provided to a developer or units of SEZ for the development,
operation and maintenance of a SEZ or for setting up SEZ unit or for manufacture of
goods buy the SEZ unit have been exempted from service tax, subject to satisfaction
of the prescribed procedural requirements. [Notification No.17/2002/ST dated
November 21, 2002]
3. The value of goods and materials that are sold by the service provider to the recipient
of service provided there is documentary proof specifically indicating the value of the
goods and materials. [Notification no 12/2003/ST effective July 1, 2003]
4. All taxable services rendered by the RBI have been exempted from service tax w.e.f.
March 1, 2006.

Information Technology related services
Q: What are the relevant taxable service categories for a person providing Information
Technology ('IT') related services?
A: Depending of the nature of IT services provided by a person, the following taxable service
categories may be relevant: -
Consulting engineer service means service provided by a professionally qualified engineer or
any body corporate or any other firm who, either directly or indirectly, renders any advice,
consultancy or technical assistance in any manner to a client in one or more disciplines of
engineering excluding services provided in relation to the discipline of computer hardware
engineering or computer software engineering.
Management consultant service means any service provided by any person, either directly or
indirectly, in connection with the management of any organization in any manner and includes
any advice, consultancy or technical assistance, in relation to financial management, human
resources management, marketing management, production management, logistics management,
procurement and management of information technology resources or other similar areas of
management.
Commercial training or coaching service means any training or coaching provided by any
institute or establishment providing commercial training or coaching for imparting skill or
knowledge or lessons on any subject or field other than the sports, with or without issuance
of a certificate and includes coaching or tutorial classes but does not include preschool
coaching and training centre or any institute or establishment which issues any certificate or
diploma or degree or any educational qualification recognized by law for the time being in
force.
Internet cafe service means service provided in relation to access of internet by any
commercial establishment providing facility for accessing internet.
Management, maintenance or repair service means any service provided by-
• any person under a contract or agreement or
• a manufacturer or any person authorized by him, in relation to
i. management of properties, whether immoveable or not; or
ii. maintenance or repair including reconditioning or restoration or servicing of any of any
goods, excluding motor vehicle.
Any service in relation to maintenance or repair or servicing of software have been clarified
as being liable to service tax under this service category vide Circular No 81/2/2005 - ST
dated 7 October 2005.
Online information and data base access or retrieval service means any service provided by a
commercial concern, for provision of data or information, retrievable or otherwise, to a
customer, in electronic form through a computer network.
Erection, commissioning or installation service means any service provided by a commissioning
and installation agency in relation to erection, commissioning or installation of plant, machinery
or equipment, structures, whether or not pre-fabricated, electrical and electronic devices,
plumbing, drain laying, etc for transport of fluid, heating or air conditioning, thermal or sound
insulation, fire proofing, lift and escalators, and similar services.
Business auxiliary service means any service in relation to -

• promotion or marketing or sale of goods produced or provided by or belonging to the
client; or
• promotion or marketing of service provided by the client; or
• any customer care service provided on behalf of the client; or
• procurement of goods or services, which are inputs for the client; or
• production of goods on behalf of the client; or
• provision of service on behalf of the client; or
• any incidental or auxiliary support service such as billing, collection or recovery of
cheques, accounts and remittance, evaluation of prospective customer and public
relation services, and includes services as a commission agent, but does not include any
information technology service.

"Information technology service" has been defined to mean any service in relation to designing
or developing of computer software, system networking, or any other service primarily in
relation to operation of computer systems.
Definition of ‘business auxiliary services’ specifically excludes information technology service
from the purview of service tax. However, w.e.f 1 May 2006, the definition of information
technology services was narrowed to exclude services in relation to ‘maintaining of computer
software, or computerized data processing’ from its purview.
Business auxiliary service has been clarified to include the services of evaluation of
prospective customers, processing of purchase orders, customer management, information and
tracking of delivery schedules, accounting and processing of transactions, operational
assistance for marketing, formulation of customer service and pricing policies, managing
distribution & logistics. Further, it has been clarified that the services provided in relation to
getting a customer, verification of prospective customer, processing of purchase order etc
would also be covered under service tax, as the law specifically provides for inclusion of such
services as business auxiliary support services. Circular 59/8/2003 dated June 20, 2003]
Support services of business or commerce means services provided in relation to business or
commerce and includes evaluation of prospective customers, telemarketing, processing of
purchase orders and fulfillment services, information and tracking of delivery schedules,
managing distribution and logistics, customer relationship management services, accounting
and processing of transactions, operational assistance for marketing, formulation of customer
service and pricing policies, infrastructural support services and other transaction processing.
Infrastructural support services include providing office along with office utilities, lounge,
and reception with competent personnel to handle messages, secretarial services, internet and
telecom facilities, pantry and security.
Automated teller machine operations, maintenance or management service means any service
provided in relation to automated teller machines and includes site selection, contracting of
location, acquisition, financing, installation, certification, connection, maintenance, transaction
processing, cash forecasting, replenishment, reconciliation and value-added services.
Automated teller machine means an interactive automatic machine designed to dispense cash,
accept deposit of cash, transfer money between bank accounts and facilitate other financial
transactions.
Internet telephony means telecommunication service through internet and includes fax, audio
conferencing and video conferencing.
'Internet' means a global information system which is logically linked together by a globally
unique address, based on Internet Protocol or its subsequent enhancements or upgradations
and is able to support communications using the Transmission Control Protocol or Internet
Protocol suite or its subsequent enhancements or upgradations and all other Internet Protocol
compatible protocols.
Services in relation to sale of space or time means services provided, in relation to sale of
space or time for advertisement, in any manner but does not include sale of space for
advertisement in print media and sale of time slots by a broadcasting agency or organisation.
Such services include:

1. providing space or time, as the case may be, for display, advertising, showcasing of any
product or service in video programmes, television programmes or motion pictures or
music albums, or on billboards, public places, buildings, conveyances, cell phones,
automated teller machines, internet;
2. selling of time slots on radio or television by a person, other than a broadcasting agency
or organisation; and
3. aerial advertising.

Q: What are the exemptions available with respect to IT related services?
A: The exemptions available with respect to IT related services are: -

• Consulting engineer service- As per the definition of 'taxable service', services
provided by a consulting engineer in the discipline of computer hardware engineering or
computer software engineering are not taxable.
• Business auxiliary service- The definition of business auxiliary services excludes
information technology services, which is any service in relation to designing or
developing of computer software, system networking, and any other services primarily
related to operation of computers, are excluded from the ambit of business auxiliary
service category. [Explanation to section 65 (19) of the Finance Act, 1994]

• Commissioning or installation service- The taxable service provided in relation to
commissioning or installation by a commissioning and installation agency, has been
exempted from so much of the service tax leviable as is in excess of the amount of
service tax calculated on a value which is equivalent to thirty-three per cent of the
gross amount charged from the customer under a contract for supplying a plant,
machinery or equipment and commissioning or installation of the said plant, machinery or
equipment, subject to the prescribed conditions..Explanation: - For the purposes of this
notification, the gross amount charged shall include the value of the plant, machinery,
equipment, parts and any other material sold by the commissioning and installation
agency, during the course of providing commissioning or installation service.
[Notification no 1/2006/ST dated 1 March 2006]

Best Answer - Chosen by Voters
West Bengal has created its respective professional tax slab structure to keep the residents informed about the
exact deductions from their incomes. The professional tax slab in West Bengal has been categorized as per the
following criteria:

Income Monthly Professional Tax
Less than 1,500 Nil
Between Rs. 1501- Rs. 2001 Rs. 18
Between Rs. 2001 - Rs. 3001 Rs. 25
Between Rs. 3001- 5001 Rs 30
Rs. 5001 Rs. 40
Between Rs. 6001 -7001 Rs.45
Rs.7001 Rs.50
Rs.8001 Rs.90
Rs.9001 Rs.110
Rs.15001 Rs.130
Rs. 25001 Rs.150
Beyond Rs.40001 Rs.200

Source(s):

http://business.mapsofindia.com/india-ta…

• 2 years ago

TAXABLE SERVICES

Name of service
1. Advertising services
2. Air Travel Agent Services
3. Architect Services
4. Authorised service station
5. Banking and Other Financial Services
6. Beauty Parlour Services
7. Broadcasting Service
8. Business Auxiliary Services, namely Business Promotion and Support Services including Customer
Care Services (Excluding any information Technology Services)
9. Cable Operator Services
10. Cargo Handling Services
11. Certification Service
12. Chartered Accountant Services
13. Clearing & Forwarding Agent services
14. Commercial Vocational Institutes, coaching centres and private Tutorials
15. Commissioning and Installation Services
16. Company Secretary Services
17. Consultant Engineer services
18. Convention Service
19. Cost Accountant Services
20. Couriers services
21. Credit Rating Agency Services
22. Custom House Agent services
23. Dry Cleaning Services
24. Event Management Services
25. Fascimile Service
26. Fashion Designing Services
27. Franchisee Services
28. General Insurance Services
29. Health Clubs and Fitness Centers Services
30. Insurance Auxiliary Services
31. Interior Decorators/Designers Services
32. Internet Cafe
33. Leased Circuits Service
34. Life Insurance Service including Insurance auxiliary Services relating to Life Insurance
35. Maintenance and Repair Services
36. Man Power Recruitment services
37. Management Consultant Services
38. Mandap Keeper Services
39. Market Research Agency Services
40. Online Information and Database access and / or Retrieval Service
41. Photography Service
42. Port Services
43. Radio Paging Services
44. Rail Travel Agent services
45. Real Estate Agents
46. Rent-a-Cab Scheme Operator Services
47. Scientific & Technical Consultancy Service
48. Security / Detective Agency Services
49. Sound Recording Service
50. Steamer Agent Services
51. Stock Broker Services
52. Storage and Warehousing Services
53. Telegraph Service
54. Telephone Services
55. Telex Service
56. Tour Operator services
57. Under Writing Services
58. Video Tape Production Service
Circular No. 59/8/2003
20th June, 2003
F. No. B3/7/2003-TRU
Government of India
Ministry of Finance
Department of Revenue
Tax Research Unit
Subject: Imposition of Service Tax on new services consequent to enactment of Finance Bill, 2003-reg.
1. APPOINTMENT OF EFFECTIVE DATE FOR THE NEW SERVICES
It may be recalled that the Finance Act, 2003 has made provisions to levy service tax, from a date to be notified later on,
on the following new services,-
o Commercial training & coaching center
o Technical testing & analysis; technical inspection and certification
o Maintenance and repair service
o Commissioning and installation
o Business auxiliary services
o Internet café
o Franchise service
Further, it was also provided in the Finance Act to extend the scope of services already covered under the tax net in case
of,-
o port services (which were earlier limited to major ports) to cover all ports under the service tax net;
o authorised automobile service was brought under the tax net with effect from 16.7.2001. However,
it was restricted only to motorcars and two wheeled motor vehicles. Buses, trucks, maxi cabs etc were
not covered. Provision have been made to widen the scope of authorized automobile service to cover all
such vehicles;
o foreign exchange broking service provided by any body corporate or non-banking financial
company was covered under the tax net in the category of banking and other financial service with effect
from 16.7.2001. Provisions have been made to extend the scope of the tax to include the service
provided by all foreign exchange brokers (including moneychangers and forex dealers).
As per the provisions of the Finance Act, the above levies or extensions of levies are to come into effect from a date to be
appointed by the Central government. In this regard, vide notification No.7/2003-Service Tax, date 20th June 2003,
the government has appointed 1st July, 2003, as the date from which the levy of Service tax on the above
services would come into effect.
2. EXEMPTIONS AND CLARIFICATIONS
2.1 BUSINESS AUXILIARY SERVICE:
2.1.1 Call centers and medical transcription centers:
Business auxiliary services provided by call centers (i.e. commercial concern which provides assistance, help or
information, through telephone, on behalf of another person) and medical transcription centers (i.e. commercial concern
which transcribes medical history, treatment, medical observations and the like) have been fully exempted from levy of
service tax w.e.f. 1st July, 2003, vide notification No. 8/2003-Service Tax, dated 20th June, 2003.
2.1.2 Commission agent:
As per the definition of business auxiliary services, services as commission agent are considered business auxiliary
services. However services of commission agents have been exempted from service tax w.e.f. 1st July, 2003 vide
notification No.13/2003-Service Tax dated 20th June 2003. Commission agent has been defined in the notification, as a
person who causes sale or purchase of goods, on behalf of another person for a consideration, which is based on the
quantum of such sale or purchase. It may be noticed that the exemption under this notification is for a commission agent
while the services of a consignment agent remain taxable under the category of Clearing and Forwarding services. It may
be appreciated that the nature of service provided by a Consignment agent is different than that provided by a
commission agent. A consignment agent’s job is to receive the goods from the principal and dispatch them on the
directions of the principal, whereas a commission agent’s job is to cause sale/purchase on behalf of another person.
Thus, the essential difference is that a commission agent sells or purchases on behalf of the principal while consignment
agent receives and dispatches the goods on behalf of a principal. It is possible that a person may be a consignment agent
as well as a commission agent. Such a person would already be covered in the category of Clearing and Forwarding
agent and would be liable to pay service tax in that category. In other words, the present exemption is available only to
such commission agent who is not a consignment agent.
2.1.3 Certain doubts have been raised in case of business auxiliary services. In this regard the following is clarified,-
• While it is not possible to give an exhaustive list of business auxiliary services, the following are illustrations of
services that are covered under this category viz. evaluation of prospective customers, processing of purchase orders,
customer management, information and tracking of delivery schedules, accounting and processing of transactions,
operational assistance for marketing, formulation of customer service and pricing policies, managing distribution &
logistics. The services provided in relation to getting a customer, verification of prospective customer, processing of
purchase order etc would also be covered under service tax, as the law specifically provides for inclusion of such services
as business auxiliary support services.
• As regards the question whether insurance agents, C&F agents working on commission basis fall under the definition
of business auxiliary service, it is clarified that they do not, as they are specifically covered within the definition of other
specified taxable services, namely the Insurance service and C&F Service respectively. Under Section 65A of Finance
Act 1994, it has also been provided that in case of overlap, a service would be classified under the head, (a) which
provides most specific description, (b) in case of a composite service having combination of different taxable services, the
service which give them their essential character and (c) in case the test of (a) and (b) does not resolve, the service which
comes earlier in the clauses of Section 65, i.e. the service that was subjected to service tax earlier. Since Insurance
services and C&F Services are more specific description and were also subjected to service tax prior to imposition of tax
on business auxiliary service, the insurance agents, C&F agents working on commission basis would fall under those
respective categories. From this, it follows that a particular service can be taxed only under one head of service.
• As per the definition of business auxiliary services, information technology service is outside the purview of business
auxiliary service. In the explanation appended to the definition in the Act itself, it has been clarified that information
technology service means any service in relation to designing, developing or maintaining of computer software or
computerized data processing or system networking or any other service primarily in relation to operation of computer
systems. In this regard, it is clarified that only if the output service provided by a service provider is in the nature of the
above operations, such exclusion would operate. The mere fact that a personal computer or a laptop has been used for
providing the service does not, ipso facto, make the service an information technology service. Similarly, the fact that any
of the IT services mentioned in the explanation has been used by the service provider as an input service does not
automatically make the output service an IT service. Therefore, in such cases, individual service has to be examined with
reference to the explanation provided to the definition of business auxiliary service and only such output services which
qualify to be IT services in terms of the said explanation shall remain excluded from taxable service under the heading
business auxiliary service.
2.2 VOCATIONAL TRAINING AND COACHING CENTERS:
2.2.1 Commercial coaching and training services provided by institutes that prepare applicants for Board examinations
and competitive exams like entrance examinations for Indian Institute of Technology-Joint Entrance Examinations/Pre
Medical Tests, Civil Services exams etc. are chargeable to service tax. However, services in relation to commercial
coaching and training, provided by, -
a. vocational training institute;
b. computer training institute; and
c. recreational training institute;
have been exempted from service tax w.e.f. 1st July, 2003 vide Notification No.9/2003-Servtice Tax dated 20th June 2003.
Therefore, vocational coaching and training services provided by typing and shorthand institutes, TV/ vehicle repair
training institutes, tailoring institutes, industrial training institutes, foreign language institutes, computer-training centers,
hobby classes, institutes teaching martial arts, painting, dancing etc would not be chargeable to service tax. This
exemption would remain in force upto 29th February 2004.
2.2.2 Institutes like the Institute of Chartered Accountants of India some time hire the services of other institutes to impart
some part of training (like language or computer training) to the students undertaking courses for obtaining recognized
degrees/diplomas (like Chartered Accountancy) from their institute. Whereas institutes the Institute of Chartered
Accountants of India will not be chargeable to service tax because they confer qualifications recognized by law, the
institutes or centers providing such part of training may be otherwise under service tax net. Vide notification No. 10/2003-
Service Tax dated 20th June, 2003, exemption has been provided w.e.f. 1st July, 2003 to such services rendered by
commercial training or coaching centers from service tax which form an essential part of the course or curriculum leading
to issuance of recognized certificate, diploma, degree or any other educational qualification. The exemption is subject to
the condition that the receiver of such service (for example, student) makes payment for the entire course or curriculum to
the institute or establishment issuing such certificate, diploma etc. and not to the commercial coaching or training center.
2.2.3 Certain doubts have been raised in case of commercial coaching and training. In this regard, the following is
clarified,-
• Whether service tax is leviable on postal coaching: It is clarified that service tax is leviable on any
coaching or training provided by an institution on commercial basis. Therefore, the coaching provided by
postal means would also be covered under the service tax and the charges, including the postal charges
collected for rendering this service would be subjected to service tax.
• Whether service tax is leviable on institutes providing commercial coaching in addition to recognized
degree courses: Some institutes like colleges, apart from imparting education for obtaining recognized
degrees/diploma/certificates, also impart training for competitive examinations, various entrance tests
etc. It is clarified that by definition, such institutes or establishments, which issue a certificate, diploma or
degree recognized by law, are outside the purview of "commercial training or coaching institute". Thus,
even if such institutes or establishments provide training for competitive examinations etc., such services
rendered would be outside the scope of service tax.
• Whether individuals going to houses to impart tuition/coaching would be chargeable to service tax: It
is clarified that service tax is on institutions/establishments. Therefore, only those service providers are
covered under the service tax who have some establishment for providing commercial coaching or
training i.e. institutional coaching or training. Thus, individuals providing services at the premises of a
service receiver would not be covered under service tax. However, if coaching or training center provides
commercial coaching by sending individuals to the premises of service receivers, such services would be
chargeable to tax, as in this case, the individuals are rendering services on behalf of an institution.
• Whether free summer training/ in house training provided by employers to their employees are
covered under service tax net: It is clarified that in case employers provide any free training themselves,
no service tax is chargeable. However if an employer hires an outside commercial coaching or training
center for imparting some training to its employees, then the payment made by the said employer to such
coaching center will be chargeable to service tax.
2.3 MAINTENANCE AND REPAIR SERVICES:
2.3.1 Maintenance contracts entered into before 1st July 2003:
There are cases where maintenance contracts are entered into for a period of more than one year. Vide notification
No.11/2003- Service Tax, dated 20th June 2003 for maintenance contracts entered into prior to 1st July, 2003, exemption
has been provided to that part of the value of the service for which bill/invoices have been raised and the amount has
actually been received prior to the 1st July, 2003. For such contracts, all subsequent payments or payments made against
invoice issued subsequent to the 1st July 2003 will be chargeable to service tax. Similar will be situation for payments
made for continuing services.
2.3.2 Certain doubts have been raised in case of maintenance and repair services as to whether service tax on
maintenance and repair would be charged in cases where during the guarantee period, the services are provided to the
buyer of the goods while the payments for the same are received from the supplier of the goods. In this regard it is
clarified that irrespective of the fact that the receiver of the service is different from the person making payments for such
services, the service tax is leviable on the services provided towards maintenance and repair. Therefore, for the services
provided during the warranty period by the dealer or any other authorized person, service tax would also be leviable on
any amount received by such dealer or such other authorized person from manufacturer of such goods.
2.4 FRANCHISE SERVICE:
Franchise service is a service provided by franchisor to a franchisee. Section 65 of the Finance Act 1994, (sub section
47) defines franchise as a specific type of agreement. This agreement has various ingredients, which have been specified
in the said definition. For removal of doubt it is clarified that unless all the ingredients mentioned at (i) to (iv) of the said
sub section are satisfied, the agreement can not be called as franchise agreement. These ingredients are,-
(i) the franchisee is granted representational right to sell or manufacture goods or to provide service or
undertake any process identified with franchisor, whether or not a trade mark, service mark, trade name
or logo or any such symbol, as the case may be, is involved;
(ii) the franchisor provides concepts of business operation to franchisee, including know how, method of
operation, managerial expertise, marketing techniques or training and standards of quality control except
passing on the ownership of all know how to franchisee;
(iii) the franchisee is required to pay to the franchisor, directly or indirectly, a fee; and
(iv) the franchisee is under an obligation not to engage in selling or providing similar goods or services or
process, identified with any other person.
For example, the mere fact that a principal manufacturer has allowed production of goods bearing his brand name by
another person under ‘License Production Agreement`, does not make the agreement a Franchise Agreement. A
franchise agreement also includes the franchisee being obliged to follow the concept of business operation, managerial
expertise, market techniques etc. of the franchisor and is under an obligation not to engage in selling, producing or
providing similar goods or services, identified with any other person. Therefore, in the absence of such ingredients, a
mere licensed production cannot be called as a franchise agreement and accordingly the license fees paid for such
license production cannot be charged to service tax.
2.5 TECHNICAL INSPECTION AND CERTIFICATION SERVICES:
A doubt has been raised whether certification given in respect of immovable property should fall under the purview of
‘technical inspection and certification services`. In this regard it may be recalled that earlier, CBEC vide its order No.
1/1/2002, dated 26.02.2003, issued under Section 37B (of the Central excise Act as made applicable to service tax) had
clarified that certification given under authority of any code or statute can not be considered as a consulting engineer
service. However, the new service included in 2003 budget, namely ‘technical inspection and certification services` would
cover certification of all types including that of immovable property. Therefore, it is clarified that such services become
taxable from the notified date.
2.6 COMMISSIONING AND INSTALLATION SERVICES:
Certain doubts have been raised in case of commercial coaching and training . In this regard, the following is clarified,-
• In case of commissioning and installation it has been pointed out that in case of turnkey project, the contract may be
indivisible and no separate value could be assigned to commissioning or installation of goods. Doubts have also been
raised as to what would be the value of taxable service. It is submitted that it has been provided in law that service tax is
leviable on erection and commissioning charges only and not on the material and goods supplied. However, it is upto the
service provider to show the break-up of commissioning or installation charges. In case service provider shows
consolidated charges, service tax would be leviable on such consolidated amount.
• A doubt has been raised as to whether charges for erection of plant are covered under the service tax or only
commissioning and installation charges. It is clarified that the law specifically provides for taxation of commissioning and
installation of plant, machinery or equipment. Thus all activities other than the commissioning and installation of the
plant/machinery/equipment per se, will not be chargeable to service tax.
2.7 MANDAP KEEPER SERVICE:
Religious places like parish hall, temples etc provide services as mandap keeper for hosting of social and religious
functions. Though such services are liable to service tax under the mandap keeper services, vide notification No.14/2003-
Service Tax, 20th June, 2003 services provided by the religious centers as mandap keeper in their precincts have been
exempted from service tax.
2.8 CREDIT OF SERVICE TAX PAID ON TELEPHONES:
In regard to credit of service tax on telephone connection, queries have been raised as to whether service tax credit
would be admissible on telephone sets installed only in the business premises. The answer is in the affirmative, and
credit will be allowed only on telephone sets installed in the business premises. Mobile phones are not covered.
2.9 MISCELLANEOUS ISSUES:
2.9.1 In case of authorized service stations, maintenance or repair services, commissioning and installation services and
photography services it has been provided in the law that the cost of goods and material shall not form part of the value to
be subjected to service tax, if evidence (like sale invoice/bill) shows that these goods were sold. Such dispensation has,
however, not been provided for other services like commercial coaching and training centers, telecom services. In this
regard, a general exemption under Notification No. 12/2003-service Tax, dated 20th June, 2003 has been issued
exempting that part of the value of all taxable services from service tax, which represents the cost of goods or material
sold by the service provider to the receiver of such services during the course of provision of the taxable services. This
exemption would be available only in cases where the sale of such goods is evidenced and the sale value is quantified
and shown separately in the invoice. It is also clarified that in case of commercial training and coaching institutes, the
exclusion shall apply only to the sale value of standard textbooks, which are priced. Any study material or written text
provided by such institute as a part of service which does not satisfy the above criteria will be subjected to service tax.
2.9.2 In case of a non-resident service provider who does not have any office in India, the service receiver in India is
liable to pay service tax. A doubt has been raised as to how such receiver would avail the service tax credit. As per the
existing law, in such cases service receiver is required to take registration, to pay service tax and to comply with other
procedural formalities. As there is no bar under service tax law on the service tax payer to take the same amount back as
credit, the service receiver after having paid the service tax on behalf of the non-resident service provider, can take credit
of the same on the basis of document/ bill/invoice under which he paid the service tax.
2.9.3 Though the new rate of service tax of 8% came into force from 14 th May, 2003 on existing 51 services, and would
come into effect from 1st July, 2003 in case of new services and extensions of services, in certain cases service providers
have reportedly collected service tax @ 8% on such services, even prior to these specified dates. In such cases, unless
the amount is refunded back to service receiver, the service provider is required to deposit amount equal to such duty
collected in excess of that is leviable, as per the provisions of the service tax law.
3. The contents of this circular may be given wide publicity so that no difficulty is faced by the trade as well as the
departmental officers in their observance and implementation. Apart from issuance of trade notice, wide publicity in the
form of press releases and advertisement may also be given. Meetings/Seminars/ Consultations with the trade may be
conducted to clarify the new provisions and clarifications relating thereto. Any difficulty faced by the trade in observance,
by the officers in implementation or other issues pertaining to the new levies may be brought to the notice of the
undersigned. However, references for clarifications pertaining to existing services may be made to Member (Service Tax)
or to CX-4 Section.

TAXABLE SERVICES
Name of service
1. Advertising services
2. Air Travel Agent Services
3. Architect Services
4. Authorised service station
5. Banking and Other Financial Services
6. Beauty Parlour Services
7. Broadcasting Service
8. Business Auxiliary Services, namely Business Promotion and Support Services including Customer
Care Services (Excluding any information Technology Services)
9. Cable Operator Services
10. Cargo Handling Services
11. Certification Service
12. Chartered Accountant Services
13. Clearing & Forwarding Agent services
14. Commercial Vocational Institutes, coaching centres and private Tutorials
15. Commissioning and Installation Services
16. Company Secretary Services
17. Consultant Engineer services
18. Convention Service
19. Cost Accountant Services
20. Couriers services
21. Credit Rating Agency Services
22. Custom House Agent services
23. Dry Cleaning Services
24. Event Management Services
25. Fascimile Service
26. Fashion Designing Services
27. Franchisee Services
28. General Insurance Services
29. Health Clubs and Fitness Centers Services
30. Insurance Auxiliary Services
31. Interior Decorators/Designers Services
32. Internet Cafe
33. Leased Circuits Service
34. Life Insurance Service including Insurance auxiliary Services relating to Life Insurance
35. Maintenance and Repair Services
36. Man Power Recruitment services
37. Management Consultant Services
38. Mandap Keeper Services
39. Market Research Agency Services
40. Online Information and Database access and / or Retrieval Service
41. Photography Service
42. Port Services
43. Radio Paging Services
44. Rail Travel Agent services
45. Real Estate Agents
46. Rent-a-Cab Scheme Operator Services
47. Scientific & Technical Consultancy Service
48. Security / Detective Agency Services
49. Sound Recording Service
50. Steamer Agent Services
51. Stock Broker Services
52. Storage and Warehousing Services
53. Telegraph Service
54. Telephone Services
55. Telex Service
56. Tour Operator services
57. Under Writing Services
58. Video Tape Production Service
Circular No. 59/8/2003
20th June, 2003
F. No. B3/7/2003-TRU
Government of India
Ministry of Finance
Department of Revenue
Tax Research Unit
Subject: Imposition of Service Tax on new services consequent to enactment of Finance Bill, 2003-reg.
1. APPOINTMENT OF EFFECTIVE DATE FOR THE NEW SERVICES
It may be recalled that the Finance Act, 2003 has made provisions to levy service tax, from a date to be notified later on,
on the following new services,-
o Commercial training & coaching center
o Technical testing & analysis; technical inspection and certification
o Maintenance and repair service
o Commissioning and installation
o Business auxiliary services
o Internet café
o Franchise service
Further, it was also provided in the Finance Act to extend the scope of services already covered under the tax net in case
of,-
o port services (which were earlier limited to major ports) to cover all ports under the service tax net;
o authorised automobile service was brought under the tax net with effect from 16.7.2001.
However, it was restricted only to motorcars and two wheeled motor vehicles. Buses, trucks, maxi cabs
etc were not covered. Provision have been made to widen the scope of authorized automobile service to
cover all such vehicles;
o foreign exchange broking service provided by any body corporate or non-banking financial
company was covered under the tax net in the category of banking and other financial service with effect
from 16.7.2001. Provisions have been made to extend the scope of the tax to include the service
provided by all foreign exchange brokers (including moneychangers and forex dealers).
As per the provisions of the Finance Act, the above levies or extensions of levies are to come into effect from a date to
be appointed by the Central government. In this regard, vide notification No.7/2003-Service Tax, date 20th June
2003, the government has appointed 1st July, 2003, as the date from which the levy of Service tax on the above
services would come into effect.
2. EXEMPTIONS AND CLARIFICATIONS
2.1 BUSINESS AUXILIARY SERVICE:
2.1.1 Call centers and medical transcription centers:
Business auxiliary services provided by call centers (i.e. commercial concern which provides assistance, help or
information, through telephone, on behalf of another person) and medical transcription centers (i.e. commercial concern
which transcribes medical history, treatment, medical observations and the like) have been fully exempted from levy of
service tax w.e.f. 1st July, 2003, vide notification No. 8/2003-Service Tax, dated 20th June, 2003.
2.1.2 Commission agent:
As per the definition of business auxiliary services, services as commission agent are considered business auxiliary
services. However services of commission agents have been exempted from service tax w.e.f. 1st July, 2003 vide
notification No.13/2003-Service Tax dated 20th June 2003. Commission agent has been defined in the notification, as a
person who causes sale or purchase of goods, on behalf of another person for a consideration, which is based on the
quantum of such sale or purchase. It may be noticed that the exemption under this notification is for a commission agent
while the services of a consignment agent remain taxable under the category of Clearing and Forwarding services. It
may be appreciated that the nature of service provided by a Consignment agent is different than that provided by a
commission agent. A consignment agent’s job is to receive the goods from the principal and dispatch them on the
directions of the principal, whereas a commission agent’s job is to cause sale/purchase on behalf of another person.
Thus, the essential difference is that a commission agent sells or purchases on behalf of the principal while consignment
agent receives and dispatches the goods on behalf of a principal. It is possible that a person may be a consignment
agent as well as a commission agent. Such a person would already be covered in the category of Clearing and
Forwarding agent and would be liable to pay service tax in that category. In other words, the present exemption is
available only to such commission agent who is not a consignment agent.
2.1.3 Certain doubts have been raised in case of business auxiliary services. In this regard the following is clarified,-
• While it is not possible to give an exhaustive list of business auxiliary services, the following are illustrations of
services that are covered under this category viz. evaluation of prospective customers, processing of purchase orders,
customer management, information and tracking of delivery schedules, accounting and processing of transactions,
operational assistance for marketing, formulation of customer service and pricing policies, managing distribution &
logistics. The services provided in relation to getting a customer, verification of prospective customer, processing of
purchase order etc would also be covered under service tax, as the law specifically provides for inclusion of such
services as business auxiliary support services.
• As regards the question whether insurance agents, C&F agents working on commission basis fall under the
definition of business auxiliary service, it is clarified that they do not, as they are specifically covered within the definition
of other specified taxable services, namely the Insurance service and C&F Service respectively. Under Section 65A of
Finance Act 1994, it has also been provided that in case of overlap, a service would be classified under the head, (a)
which provides most specific description, (b) in case of a composite service having combination of different taxable
services, the service which give them their essential character and (c) in case the test of (a) and (b) does not resolve, the
service which comes earlier in the clauses of Section 65, i.e. the service that was subjected to service tax earlier. Since
Insurance services and C&F Services are more specific description and were also subjected to service tax prior to
imposition of tax on business auxiliary service, the insurance agents, C&F agents working on commission basis would
fall under those respective categories. From this, it follows that a particular service can be taxed only under one head of
service.
• As per the definition of business auxiliary services, information technology service is outside the purview of business
auxiliary service. In the explanation appended to the definition in the Act itself, it has been clarified that information
technology service means any service in relation to designing, developing or maintaining of computer software or
computerized data processing or system networking or any other service primarily in relation to operation of computer
systems. In this regard, it is clarified that only if the output service provided by a service provider is in the nature of the
above operations, such exclusion would operate. The mere fact that a personal computer or a laptop has been used for
providing the service does not, ipso facto, make the service an information technology service. Similarly, the fact that any
of the IT services mentioned in the explanation has been used by the service provider as an input service does not
automatically make the output service an IT service. Therefore, in such cases, individual service has to be examined with
reference to the explanation provided to the definition of business auxiliary service and only such output services which
qualify to be IT services in terms of the said explanation shall remain excluded from taxable service under the heading
business auxiliary service.
2.2 VOCATIONAL TRAINING AND COACHING CENTERS:
2.2.1 Commercial coaching and training services provided by institutes that prepare applicants for Board examinations
and competitive exams like entrance examinations for Indian Institute of Technology-Joint Entrance Examinations/Pre
Medical Tests, Civil Services exams etc. are chargeable to service tax. However, services in relation to commercial
coaching and training, provided by, -
a. vocational training institute;
b. computer training institute; and
c. recreational training institute;
have been exempted from service tax w.e.f. 1st July, 2003 vide Notification No.9/2003-Servtice Tax dated 20th June 2003.
Therefore, vocational coaching and training services provided by typing and shorthand institutes, TV/ vehicle repair
training institutes, tailoring institutes, industrial training institutes, foreign language institutes, computer-training centers,
hobby classes, institutes teaching martial arts, painting, dancing etc would not be chargeable to service tax. This
exemption would remain in force upto 29th February 2004.
2.2.2 Institutes like the Institute of Chartered Accountants of India some time hire the services of other institutes to impart
some part of training (like language or computer training) to the students undertaking courses for obtaining recognized
degrees/diplomas (like Chartered Accountancy) from their institute. Whereas institutes the Institute of Chartered
Accountants of India will not be chargeable to service tax because they confer qualifications recognized by law, the
institutes or centers providing such part of training may be otherwise under service tax net. Vide notification No. 10/2003-
Service Tax dated 20th June, 2003, exemption has been provided w.e.f. 1st July, 2003 to such services rendered by
commercial training or coaching centers from service tax which form an essential part of the course or curriculum leading
to issuance of recognized certificate, diploma, degree or any other educational qualification. The exemption is subject to
the condition that the receiver of such service (for example, student) makes payment for the entire course or curriculum
to the institute or establishment issuing such certificate, diploma etc. and not to the commercial coaching or training
center.
2.2.3 Certain doubts have been raised in case of commercial coaching and training. In this regard, the following is
clarified,-
• Whether service tax is leviable on postal coaching: It is clarified that service tax is leviable on any
coaching or training provided by an institution on commercial basis. Therefore, the coaching provided by
postal means would also be covered under the service tax and the charges, including the postal charges
collected for rendering this service would be subjected to service tax.
• Whether service tax is leviable on institutes providing commercial coaching in addition to recognized
degree courses: Some institutes like colleges, apart from imparting education for obtaining recognized
degrees/diploma/certificates, also impart training for competitive examinations, various entrance tests
etc. It is clarified that by definition, such institutes or establishments, which issue a certificate, diploma or
degree recognized by law, are outside the purview of "commercial training or coaching institute". Thus,
even if such institutes or establishments provide training for competitive examinations etc., such services
rendered would be outside the scope of service tax.
• Whether individuals going to houses to impart tuition/coaching would be chargeable to service tax: It
is clarified that service tax is on institutions/establishments. Therefore, only those service providers are
covered under the service tax who have some establishment for providing commercial coaching or
training i.e. institutional coaching or training. Thus, individuals providing services at the premises of a
service receiver would not be covered under service tax. However, if coaching or training center
provides commercial coaching by sending individuals to the premises of service receivers, such services
would be chargeable to tax, as in this case, the individuals are rendering services on behalf of an
institution.
• Whether free summer training/ in house training provided by employers to their employees are
covered under service tax net: It is clarified that in case employers provide any free training themselves,
no service tax is chargeable. However if an employer hires an outside commercial coaching or training
center for imparting some training to its employees, then the payment made by the said employer to
such coaching center will be chargeable to service tax.
2.3 MAINTENANCE AND REPAIR SERVICES:
2.3.1 Maintenance contracts entered into before 1st July 2003:
There are cases where maintenance contracts are entered into for a period of more than one year. Vide notification
No.11/2003- Service Tax, dated 20th June 2003 for maintenance contracts entered into prior to 1st July, 2003, exemption
has been provided to that part of the value of the service for which bill/invoices have been raised and the amount has
actually been received prior to the 1st July, 2003. For such contracts, all subsequent payments or payments made
against invoice issued subsequent to the 1st July 2003 will be chargeable to service tax. Similar will be situation for
payments made for continuing services.
2.3.2 Certain doubts have been raised in case of maintenance and repair services as to whether service tax on
maintenance and repair would be charged in cases where during the guarantee period, the services are provided to the
buyer of the goods while the payments for the same are received from the supplier of the goods. In this regard it is
clarified that irrespective of the fact that the receiver of the service is different from the person making payments for such
services, the service tax is leviable on the services provided towards maintenance and repair. Therefore, for the services
provided during the warranty period by the dealer or any other authorized person, service tax would also be leviable on
any amount received by such dealer or such other authorized person from manufacturer of such goods.
2.4 FRANCHISE SERVICE:
Franchise service is a service provided by franchisor to a franchisee. Section 65 of the Finance Act 1994, (sub section
47) defines franchise as a specific type of agreement. This agreement has various ingredients, which have been
specified in the said definition. For removal of doubt it is clarified that unless all the ingredients mentioned at (i) to (iv) of
the said sub section are satisfied, the agreement can not be called as franchise agreement. These ingredients are,-
(i) the franchisee is granted representational right to sell or manufacture goods or to provide service or
undertake any process identified with franchisor, whether or not a trade mark, service mark, trade name
or logo or any such symbol, as the case may be, is involved;
(ii) the franchisor provides concepts of business operation to franchisee, including know how, method of
operation, managerial expertise, marketing techniques or training and standards of quality control except
passing on the ownership of all know how to franchisee;
(iii) the franchisee is required to pay to the franchisor, directly or indirectly, a fee; and
(iv) the franchisee is under an obligation not to engage in selling or providing similar goods or services or
process, identified with any other person.
For example, the mere fact that a principal manufacturer has allowed production of goods bearing his brand name by
another person under ‘License Production Agreement`, does not make the agreement a Franchise Agreement. A
franchise agreement also includes the franchisee being obliged to follow the concept of business operation, managerial
expertise, market techniques etc. of the franchisor and is under an obligation not to engage in selling, producing or
providing similar goods or services, identified with any other person. Therefore, in the absence of such ingredients, a
mere licensed production cannot be called as a franchise agreement and accordingly the license fees paid for such
license production cannot be charged to service tax.
2.5 TECHNICAL INSPECTION AND CERTIFICATION SERVICES:
A doubt has been raised whether certification given in respect of immovable property should fall under the purview of
‘technical inspection and certification services`. In this regard it may be recalled that earlier, CBEC vide its order No.
1/1/2002, dated 26.02.2003, issued under Section 37B (of the Central excise Act as made applicable to service tax) had
clarified that certification given under authority of any code or statute can not be considered as a consulting engineer
service. However, the new service included in 2003 budget, namely ‘technical inspection and certification services` would
cover certification of all types including that of immovable property. Therefore, it is clarified that such services become
taxable from the notified date.
2.6 COMMISSIONING AND INSTALLATION SERVICES:
Certain doubts have been raised in case of commercial coaching and training . In this regard, the following is clarified,-
• In case of commissioning and installation it has been pointed out that in case of turnkey project, the contract may be
indivisible and no separate value could be assigned to commissioning or installation of goods. Doubts have also been
raised as to what would be the value of taxable service. It is submitted that it has been provided in law that service tax is
leviable on erection and commissioning charges only and not on the material and goods supplied. However, it is upto the
service provider to show the break-up of commissioning or installation charges. In case service provider shows
consolidated charges, service tax would be leviable on such consolidated amount.
• A doubt has been raised as to whether charges for erection of plant are covered under the service tax or only
commissioning and installation charges. It is clarified that the law specifically provides for taxation of commissioning and
installation of plant, machinery or equipment. Thus all activities other than the commissioning and installation of the
plant/machinery/equipment per se, will not be chargeable to service tax.
2.7 MANDAP KEEPER SERVICE:
Religious places like parish hall, temples etc provide services as mandap keeper for hosting of social and religious
functions. Though such services are liable to service tax under the mandap keeper services, vide notification
No.14/2003-Service Tax, 20th June, 2003 services provided by the religious centers as mandap keeper in their precincts
have been exempted from service tax.
2.8 CREDIT OF SERVICE TAX PAID ON TELEPHONES:
In regard to credit of service tax on telephone connection, queries have been raised as to whether service tax credit
would be admissible on telephone sets installed only in the business premises. The answer is in the affirmative, and
credit will be allowed only on telephone sets installed in the business premises. Mobile phones are not covered.
2.9 MISCELLANEOUS ISSUES:
2.9.1 In case of authorized service stations, maintenance or repair services, commissioning and installation services and
photography services it has been provided in the law that the cost of goods and material shall not form part of the value
to be subjected to service tax, if evidence (like sale invoice/bill) shows that these goods were sold. Such dispensation
has, however, not been provided for other services like commercial coaching and training centers, telecom services. In
this regard, a general exemption under Notification No. 12/2003-service Tax, dated 20th June, 2003 has been issued
exempting that part of the value of all taxable services from service tax, which represents the cost of goods or material
sold by the service provider to the receiver of such services during the course of provision of the taxable services. This
exemption would be available only in cases where the sale of such goods is evidenced and the sale value is quantified
and shown separately in the invoice. It is also clarified that in case of commercial training and coaching institutes, the
exclusion shall apply only to the sale value of standard textbooks, which are priced. Any study material or written text
provided by such institute as a part of service which does not satisfy the above criteria will be subjected to service tax.
2.9.2 In case of a non-resident service provider who does not have any office in India, the service receiver in India is
liable to pay service tax. A doubt has been raised as to how such receiver would avail the service tax credit. As per the
existing law, in such cases service receiver is required to take registration, to pay service tax and to comply with other
procedural formalities. As there is no bar under service tax law on the service tax payer to take the same amount back as
credit, the service receiver after having paid the service tax on behalf of the non-resident service provider, can take credit
of the same on the basis of document/ bill/invoice under which he paid the service tax.
2.9.3 Though the new rate of service tax of 8% came into force from 14 th May, 2003 on existing 51 services, and would
come into effect from 1st July, 2003 in case of new services and extensions of services, in certain cases service providers
have reportedly collected service tax @ 8% on such services, even prior to these specified dates. In such cases, unless
the amount is refunded back to service receiver, the service provider is required to deposit amount equal to such duty
collected in excess of that is leviable, as per the provisions of the service tax law.
3. The contents of this circular may be given wide publicity so that no difficulty is faced by the trade as well as the
departmental officers in their observance and implementation. Apart from issuance of trade notice, wide publicity in the
form of press releases and advertisement may also be given. Meetings/Seminars/ Consultations with the trade may be
conducted to clarify the new provisions and clarifications relating thereto. Any difficulty faced by the trade in observance,
by the officers in implementation or other issues pertaining to the new levies may be brought to the notice of the
undersigned. However, references for clarifications pertaining to existing services may be made to Member (Service Tax)
or to CX-4 Section.

Income from business - Presentation Transcript
Income from business/Profession By Prof. Augustin Amaladas M.Com., AICWA.,PGDFM., B.Ed.
Charging Section[Sec.28]
Profits and gains of any profession/profession
Any compensation received related business
Income received from members of similar profession
Any benefit or perquisites from business /profession
Export incentives from government
Charging -Continue
Any interest, salary, bonus, commission or remuneration received by a partner from firm.
Sum received(compensation) from other company not to carry on any business for know how, patent, copy right, trademark.
Profits and gains of managing agency
Meaning of business
Profit motive
Business and rendering services to others
Business cannot be carried on with oneself
Export incentives
Duty drawback import entitilement licences
Are taxable u/s 28-Business/profession
Business income not taxable u/s 28
1. Rental income in case of dealer in property taxable under the head income from house property[u/s22].
2. Dividend on shares in case of a dealer in shares- taxed under income from other sources [u/s 56].
3. winning from lotteries (lottery business) taxed u/s 56-income from other sources.
Losses deductible from business income
Loss due to natural calamity
Loss due to non acceptance of goods
Reduction in value of foreign currency which is meant for purchase of stock.
Loss of cash/goods due to embezzelment, burglary, forfeiture of deposits.
Loss of forgoing advance given by sugar industries to formers due to monsoon failure
Loss not deductible from business
Loss due to destruction of Capital asset.
Loss on sale of investments held as investment.
Loss of advance to set up a business but business could not be started.
Depreciation in value of foreign currency for capital purpose
Anticipated future losses.
Loss of discontinued business
Loss from illegal business[T.A.Qureshiv.CIT(2006)SC]
Computation of assessable profits/loss for tax
Net profit as per P/L Account
Add : Amount debited to P/L A/c in respect of the following
Loss of earlier years
Capital losses
Personal expenses (such as drawings)
Income tax, surtax, wealth tax, gift tax, estate duty[Direct taxes], tax penalty, penal interest, fine.
Continues
Add: Charity and donation
Gifts and presents to others
All reserves/provisions such as tax provision, Reserve for dividend, provision for bad debts except provision for depreciation
All expenses related to other heads of income
Continues
Add : Expenses not deductible u/s 40 and 40A
Expenses debited to P/L A/C not admissible u/s 30 to 40A
Add : Amount not credited to P/L A/c
Deemed income
Deduct :Income credited to P/L A/c but not chargeable under other heads
Continues
Less :
Salary income( income from salary(u/s 15)
Rental incomeIncome from House property(u/s22)
Capital gain(u/s 45)
Dividend[ Income from other sources(56)]
Direct taxes refund such as Income tax, Wealth tax, estate duty, surtax refunds
Bad debts, excise duty recovered not allowed as expenditure preceding previous years
Deduct:
Expenses not debited to P/L A/c but allowed u/s 30 to 40A
Depreciation u/s 32
Income chargeable under income from business/profession.
Specific deductions expressly allowed u/s 30 to 37
1.Rent (Sec.30)
Repairs(including painting of a house )
Land revenue, local taxes and municipal taxes
Insurance against risk of damage or destruction
Not allowed: a) arrears of rent b) share of profit instead of rent c.
Repairs and insurance of machinery, plant and furniture(sec.31)
Revenue repair-allowed
Capital expenditure – not allowed
Quantum of expenditure is not important
Depreciation Allowances(sec.32)
Conditions:
Asset must be owned by the assessee(Registration is not important),full control over asset,right to retain the possession and defend are
characteristics of ownership.
Used or ready to use for business purpose
Used in the previous year
Both tangible and intangible assets
Right on occupancy on Lease property is entitled for depreciation
If hirer purchaser has right over asset and hire seller will loose all rights- Depreciation is allowed.
Depreciation-Continues
Insurance premium, repairs and other expenditure incurred on leased business asset are deductible in the hands of lessor.
If any asset is fully controlled such as lease the capital expenditure incurred by lessee can provide depreciation[32(1)(ii).
Lease property
Registered ownership is not necessary Sec. 53A of the transfer of property Act.
If the assessee can be the co-owner to claim depreciation
Any capital expenditure incurred by the person who takes building can provide depreciation on capital expenditure.
Rules of Accounting Standard (AS19) not applicable for depreciation as per IT Act.
Hire purchase
Conditions:
Hire purchaser can provide depreciation if hire purchaser has uninterrupted right over the asset.
The seller looses his right
Who can provide depreciation?
Hire purchaser.
Residential quarters If used by the assessee’s employees –depreciation is allowed.
50% of rate of depreciation
If an asset acquired during the previous year.
Put into use or ready to use for less than 180 days.
Exceptions:1. Put into use for less than 180 days but ready to use for more than 180 days –full rate of depreciation
If asset purchased in the preceding year to current previous year but put into use for less than 180 days during the current previous year
what is the rate of depreciation rate?
If an asset is not used at all-No depreciation not only for first year but also for subsequent period

Full rate of depreciation.
Can depreciation be provided on intangible assets such as know- how, patent rights, copy right, trade mark, licences, franchises etc.
depreciation?
Meaning of Building and Plant
Building means: Super structure only. It does not include site.
Plant : Includes ships, vehicle, books, technical know-how report, scientific apparatus and surgical equipment.
It does not include tea bushes or livestock or building or furniture and fittings.
If assessee does not claim depreciation whether is depreciation available?
Method of depreciation
Yes.
Block asset method.
What is block asset method?
Similar nature of asset having the same rate of depreciation are clubbed together.
100% depreciation?
1. Building acquired on or after September 1, 2002 forming part of water supply project
2. Pollution control equipments
3. waste control equipment
4.wooden parts used in artificial silk manufacturing machine
5.cinimatograph films
6. Books
Commercial vehicle
If acquired and used before 31,March 2002. -Rate of depreciation is 50% .
calculation of depreciation
Block value in the beginning
Add:- Purchase of asset of the same block
Less:- Net sale value of the consideration received/receivable in cash /cheque/draft if any of the block of assets sold during the year
Continuation
Calculate depreciation of the balance amount.
If it reaches to Zero value no more depreciation is allowed.
If net sale consideration exceeds the block it amounts to short term capital gain.
continues
Once asset is depreciated the gain on sale of block never be a long term gain
Index can not be used for the calculation of capital gain.
If all assets of the assets sold out but block continues it amounts to short term capital loss.
###Intangible assets
Depreciation is allowed at the rate of 25%
Include: know- how, patent rights, copy rights, trade mark, licenses, franchises etc.
Imported Cars
Purchased between March 1, 1975 and March 31, 2001 for hire for tourist- no depreciation is allowed if used in India for business
purposes other than for hire for tourist
Used outside india for business-alowed
For hire for tourist-allowed
After 31 st March 2001- all purposes depreciation is allowed
Change in the ownership in any part of the year due to amalgamation , absorption or demerger
Calculate depreciation for the previous year as if no amalgamation/re-organization taken place
Apportion between the companies on time basis.
###Computation of additional depreciation
Manufacture or production of any article
Purchased entirely new machinery Not used any part of the world
Acquired and installed after March 31, 2005
Rate-20%
If used less than 180 days-Half of the rate
Excludes ships and aircrafts, used in the guest house, or office road transport vehicles
Actual Cost
Total cost-subsidy
Includes: interest on money borrowed before the asset is put into use
Bank charges
Loading
Unloading
Actual cost-continues
Modification before first put into use
Training of staff to operate the machine
Other related expenses required such as cold storage.
Traveling expenses to acquire the asset
Un-absorbed depreciation
Deduct the depreciation of the previous year from income from business or profession
Deduct it from other heads of income except salary
If not able to absorb-carry over to subsequent assessment year (s) – No time limit.
Subsequent assessment years
Order of priority to set off:
1. current depreciation
2.Brought forward business losses
3. Un-absorbed depreciation
Note: Continuity of business is not relevant.
The same assessee only can carry forward
Depreciation on Straight Line basis/WDV
Applicable to Power units(generating and distribution of power)
Assets acquired after 31 st march 1997.
Terminal depreciation
If straight line depreciation method followed on power generating units
sold after the use of such asset more than one previous year
Terminal depreciation=WDV> Net Sale consideration
Capital gain=Net sale>WDV
Tea, coffee and rubber development account[Sec.33AB]
Deposit with NABARD or Deposit account of tea, coffee or rubber Board
With in 6 months from the end of the previous year or before the last date of filing of returns whichever earlier
Exemption:
Amount deposited or 40% of profit whichever is less
Can amount be withdrawn?
withdrawal
Only for the purpose stated
If unutilised within the previous year it is treated as income
If business closed or dissolved-treated as taxable profit
If death of the taxpayer/partition of HUF/liquidation of company will not be treated as income
Purpose: installed in plant and machinery in low priority sector or entitled to get 100% depreciation.
Maximum 8 years
Site restoration fund[sec.33ABA]
Production of Petroleum /Natural gas in India
Deposit with SBI/account opened as per petrolem and Natural Gas Commission In a scheme specified
Before the end of the previous year
Amount withdrawn should be used for low priority sector/100% depreciated and utiled within 8 years at the end of previous year.
###Scientific research[Sec.35] In house research
All Revenue expenditure and Capital expenditure related to one’s business during the current previous year or even 3*** preceding
previous years allowed [Except Land]
Even asset is not put into use –it is allowed.
No depreciation is allowed on such capital asset
If such asset is sold what could be the consequences?
If scientific asset sold?
If not used for any other purpose:
***Sale or deduction already allowed whichever is less taxed as business profit.
Capital gain=Sale-Cost (index if required)
Contribution to National laboratory
Including University, IIT
Weighted deduction= 1.25 times of contribution can be treated as Expenditure.
*** Even approval is withdrawn after the payment to such institution the assesssee who contributed can enjoy the benefit
Expenditure on Patent rights and copy rights[35A]
Capital Expenditure incurred before 1 st April 1998
14 instalments
After 1 st April 1998- Depreciation can be claimed-25%
Revenue expenditure- Fully allowed expenditure in the year such expenditure incurred.
Technical know how
Only depreciation
25% allowed
Amortisation of telecom license fees[35ABB]
Conditions
Capital Expenditure
Acquiring any right to operate telecommunication services
Incurred before or after commencement of Business
Mainly incurred to obtain license.
If conditions fulfilled claim can be done u/s 35ABB otherwise u/s 37(1) as business expenditure.
Payment to associations and institution for rural development program
Institutions approved before 1 st March 1983
Deduction up to the amount paid
Amortisation of preliminary expenses
Indian Company or resident non corporate assessee
Foreign company excluded
Legal charges on MOA, AOA,printing of MOA, AOA,Registration fees,expenses connected to issue of shares or debentures
Is there any limit?
Limit of preliminary expenses Actual cost= costs incurred initially and additional costs after commencement Of business 5% of the cost of
the project 5% of cost of project or 5% of capital employed Whichever is More(dil monge more) Non-Corporate assessee Corporate
assessee
Preliminary Exp. Continue
The value on the last day of the previous year in which the business of the assessee commences.
Deduction: 1/5 of the qualifying expenditure
Expenses on issue of shares/Debentures
New company even Old industrial company issue shares - u/s 35 D
Old company-- u/s 37(1) except issue of shares)
Old industrial company issue shares-35D
Non industrial company – All expenses related to bonus issue, issue of debentures or raising of long term or short term loans
Note : old non industrial company- Expenditure related to issue of shares can not be claimed
Amortisation of expenditure incurred for amalgamation[35DD]
Indian company
Deductions in five successive installments
Amortisation of expenditure under voluntary retirement scheme[35DDA]
Any assessee
Deduction 1/5 every year
Voluntary retirement scheme need not be accordance with guidelines prescribed under section 10(10C)
Amartisation of expenditure on development of certain minerals[35E]
Indian companies and Resident assessee
I/10 every year allowed
Insurance premium to protect the asset or employees[36(1)(i)]
Allowed
Bonus to employees[36(1)(ii)]
Interest on borrowed capital[36 (1)(iii)
Interest on own capital is not allowed.
Interest paid by a firm to partner is deductible- 12% per annum Simple interest
Interest paid to wife and daughter- allowed
Interest before the asset is put into use to be capitalised
Interest paid outside India without deducting TDS
Not allowed
Discount on Zeeero coupon Discount Bonds[36(1)(iiia)]
Issued after June 1, 2005
Minimum 10 years and Maximum 20 years
Deduction on pro rata basis.
***Unpaid liabilities
Includes:
Local taxes, duty cess or fee under any law
Sum payable to employees such PF, Gratuity, superannuation fund to employees, BONUS, OR COMMISSION
Interest on loan borrowed from public financial institution such as ICICI,IFCI, IDBI,LIC AND UTI ONLY
DEDUCTION ALLOWED ON PAYMENT BASIS OR ACCRUAL BASIS?
Payment/ Accrual?????
No payment- Not allowed
If deposited EVEN before the last date of filing of returns with Proof for payment- fully allowed(page 336)
****Employees ’ contribution towards staff welfare scheme such as PF[36(1)(va)]
Amount received by employer-
Included with the assessee’s Income
If Paid to the employees’s account???
If paid !!!!!
Due date #### as per the PF rules or Gratuity rules Usually with in a month of deduction from employees.
*****not as per IT rules
Written off of allowance for animals [36(1)(vi)]
If died /useless
Used as capital asset
Allowed loss = Original cost- Carcasses or ( sale of animals )
No depreciation is allowed any time on animals
Bad debts [36(1)(vii)] !!!
If actual- allowed
Provision –Never allowed
If recovered[41(4)]-----If earlier allowed it is taxable
If earlier denied - not taxable
Provision for Bad and doubtful debts to rural branches of scheduled and non scheduled commercial banks[36(1)(vii)]
bank and Institution bank
Non scheduled
Scheduled Financial Foreign
7.5% of income 5% 5%
10% of advances --- ---
made by rural
branchs
Transfer to SPECIAL RESERVE [36(1)(viii)]
Long term (5 years or more) financial corporation/public company/government company
Finance for industry/agriculture/infrastructure facilities in India.
Deduction: Whichever is less
1. amount transferred to such account or
2. 40% of profit from business activities before such deductions
3. 200% of paid up capital and reserve on the last day of PY(- )amount in special reserve account in the beginning of the PY
Family planning expenditure [36(1)(ix)]
For Company assessee
Revenue expenditure- Fully allowed
Capital Expenditure - 1/5 th every year
Non-corporate assessee can claim u/s 32(Depreciation on capital expenditure) and 37(1)(Revenue expenditure)
Advertisement Expenditure[37(2B)]
Advertisement In publication of political party ------ Not allowed
All advertisements -- Allowed
Expenses incurred by commission agent from insurance UTI agents etc.If commission less than 60,000 20,000 50% of commission 15%
OF THE COMMISSION 33 1/3% No deduction 50% LIC –first year Renewal commission First & renewal Commission Bonus commission
UTI/agents of specified securities, mutual funds authorised agent 3 2 1 Max. deduction Adhoc deduction commission
Contribution towards Exchange risk Administration fund [36(1)(x)]
By Public financial institution
Deductible upto the assessment year 2007-08
Benefits to public financial institutions
General deductions[37(1)]
It should not be a capital expenditure or
Not personal
Not prohibited by law such as fine, penalty
Not be an illegal expenditure
Can we see some of the expenditures allowed as per various case laws?
Expenses allowed
*Litigation expenses to protect the trade or business /asset/or to retain title of asset
*Legal expenses to receive loan
*Litigation expenses in restoring trade mark
***Legal expenses to alter the AOA in conformity with the changes brought about
in the companies ACT
****Damages paid to workers/fulfil the contract
***Damages for breach of contract
Expenses allowed
**Contribution to the union formed to oppose the nationalisation of assessee’s business
**Expenses incurred during festival
***Premium paid for loss of profit
*Professional tax paid
All maintenance expenditure
**Expenses incurred to register trade marks
*****Entertainment expenses
**Periodical payment for the use of goodwill
Expenses allowed-case laws
###Estimated probable liability for free maintenance CIT vs Modi Olovetti ltd.(2004)
***Expenditure to car even it is huge[CIT vs Mangalchand premchand& co.[2004]
**Repairs to maintain building taken on lease [Sumitomo Corpn. India (p) ltd.
Expenditure on civil work on leased asset [Hero Honda motors vs CIT
***Interest on delayed payment of Provident fund[CIT vs Ishwari Khetan Sugar Mills (P0 ltd.(2004)
Important notes & controversial issues
Expenditure to issue of shares fees paid to Registrar to increase the authorised capital disallowed[Brook Bond India ltd Vs CIT(SC)
Retrenchment compensation payable at the time of partial closure of business Is deductible. But at the time of closure of industry is not
deductible[CIT vs MGF India(2004)
Expenses allowed
****Expenditure to issue of debentures
bonus shares allowed
Controversial Continues
***Foreign study expenses incurred by the company even though the employee is a director’s son-allowed [J.B Advani& co Vs CIT](2005)
Controversial Continues
Medical expenses of wife employee of cine actor-Allowed [Ajay Singh Deol Vs CIT]
Payment on account of membership fees for health club and also paid membership fees for an another club-Allowed [Sterlite Industries
(India) Vs CIT(2006)
Controversial- Continues
###Provision made for contribution towards Provident Fund maintained by Government of Tamilnadu sent on deputation to the assessee
corporation-allowed[ CIT Vs Kattabomman Transport Corporation Ltd.(2004)
Controversial Continues
***Interest on arrears of tax , sales tax compensatory in nature and not penal – allowed(Lachmandas Vs CIT(SC) (2002)
***Interest paid for late payment of tax is disallowed. Even Income-tax itself disallowed.
Disallowed Expenditure
*****Interest paid on borrowed funds to pay Income tax is disallowed
Interest paid on installment of the price of property
*****Expenditure to raise capital
***Expenditure on shifting of registered office
Penalty/fine /interest on penalty
*#*#*# Disallowed
Important question to be asked!!!
****Protecting Business or protecting the title to capital asset.
Capital Expenditure or revenue expenditure
Expressly disallowed expenditures
Interest, Royalty, fees for technical services payable outside India
***TAX TO BE DEDUCTED AND PAID WITHIN 7 DAYS FROM THE LAST DAY OF THE MONTH IN WHICH TAX WAS DEDUCTED OR
Expressly disallowed expenditures
AMOUNT PAID TO GOVERNMENT IN THE FINANCIAL YEAR IF NOT PAID WITHIN 7 DAYS FROM THE LAST DAY OF THE MONTH.
Anything paid after the financial year and after the expiry of 7 days FROM THE LAST DAY OF THE MONTH -deductible only in the year of
payment.
Fringe benefit tax
Fringe benefit tax, Income tax, wealth tax, securities transaction tax- Not Taxable
Salary payable outside India without TDS
Outside India both resident and non-resident
In India to NON-REDIDENT
NOT ALLOWED
Payment from provident fund
If TDS not done- Not allowed
Tax on perquisites paid by the employer
Tax paid by employer- Not taxable to employees
Perquisites paid- Not deductible to employer
(Non monetary)
See illustration- para 82.1.8- page 328
Payment to relatives[ Sec. 40A(2)]
Excess or unreasonable - disallowed
Relative: husband, wife, brother or sister or lineal ascendant or descendant of that individual.
Substantial interest:- at least 20% of equity or 20% profits of a concern at any time during the year
Expenditure exceeding Rs. 20,000
Should be paid account payee crossed cheque or account payee demand draft.
If not - 20% of such payment is disallowed.
Note: on the same day any number of cheques less than 20,000 each can be given
Partly cash, partly cheque without account payee crossed cheque without exceeding 20,000 each.
Payment to unapproved gratuity by employer
Not deductible expenditure.
Recovery of earlier deductions
If recovered in the subsequent assessment years it is taxable even there is no business and taxed in the hands of recepient.
Undisclosed income
Cash credit[sec.68]
Undisclosed investment[sec.69]
Unexplained money [sec. 69A]
Amount of investments not fully disclosed [sec.69B]
Unexplained expenditure [sec.69C]
Amount borrowed or repaid on hundi[sec.69D]
They are deemed income of the current previous year.
Maintenance of books compulsory[Sec.44AA]
Legal medical, engineering, architectural, accountancy, Film artist technical consultancy, or interior decoration and other notified
profession [Specified professional]
If gross receipts exceed 1,50,000 in any of the three years preceding the previous year.
Non-specified professional- Income exceed Rs. 1,20,000 and total gross receipts exceed 10,00,000
What are those books maintained?
Specified Books to be maintained
Cash book
A Journal on mercantile basis
Ledger
Carbon copies of machine numbered bills exceeding Rs. 25 issued by the person
Original bills if exceed Rs. 50. If bills are not issued payment vouchers signed by the person
Medical practitioner
Additional books required:
Daily cash register showing date, patient’s name, nature of professional services rendered, fees received and date of receipt
Stock register for medicines and other consumable accessories .
Audit of Accounts[sec.44AB] if crossed limit
Business-Gross receipts /sales exceed 40 lakhs
Profession- gross receipts exceed 10 lakhs
Audit compulsory with out any limit of income/receipt
Person engaged in:
1. civil construction[44AD]- 8% of gross receipts
2.Business of plying, leasing or hiring trucks[44AE]- Heavy vehicles Rs. 3500 pm (owned months), other vehicles- 3150 pm (not owned
more than 10 vehicles any time during the previous year.- No expenditure is deductible .
Retail traders[44AF]- 5% of turnover is considered as income
Important points to solve problems
Bonus-before last date of filing
Depreciation- permitted as per income tax
Direct taxes-disallowed
Indirect taxes-allowed if paid before due date of filing
Capital expenditure-disallowed
Bad debts recovered-if allowed earlier taxable
Income from other heads such as salary, house property etc-if included in the P/L /A/c deduct.
Points to solve problems
Outstanding statutory liability-before due date to be paid
statutory penalty-disallowed
Contractual penalty-allowed
Personal expenditure-disallowed
Points to solve problems
Entertainment expenditure-fully allowed
Maintenance of guest house-fully allowed
Revenue advertisement including gift to customers-fully allowed.
Points to solve problems
Capital expenditure on advertisement-depreciation is allowed.
Amount paid for expenses beyond 20,000 without crossed a/c payee cheque or draft -20% disallowed
Any expenditure incurred (traveling) out side india –allowed to the extent of RBI’s permission
Points to solve problems
paid on borrowing-Not allowed Expenditure to audit-allowed
Expenditure to prepare accounts for IT –allowed
interest
Points to solve problems
Interest on borrowing to pay direct tax such as Income tax-disallowed
Copy right , technical know how, patent right- amount paid disallowed but depreciation 25% only allowed.
Employee’s contribution to PF- treated as income
If such employee’s contribution is paid before due date as per the PF act- allowed.
Points to solve problems
Capital expenditure on travelling-disallowed
Traveling expenditure to buy stock-allowed
Insurance to asset or employees-fully allowed expenditure
Profit on sale of capital asset which is included in the P/L /a/c- disallowed
Points to solve problems
Rent received from outsider other than employee- credited to P/L A/c-disallowed income-subtract from net profit-Income from House
property.
Any payment to workers/Government-Before the last date of filing returns is allowed
Points to solve problems
All reserves/provision except depreciation provision-disallowed
Interest on own capital-disallowed
Direct taxes refund like It refund shown in P/L A/C –disallowed income= subtract from profit
Revenue repair to building , furniture even leasehold –allowed expenditure
Points to solve problems
Capital expenditure on family planning- 1/5 is allowed
Loss of cash, goods-allowed.
Donation and charity-disallowed
Fringe benefit tax-disalowed
Expenditure on issue of shares-disallowed ;where as expenditure on issue of debentures, arrangement of loan (borrowed capital)- allowed
Points to solve problems
Income from other heads-inadmissible income
Advance payment of tax, provision for tax, income tax refund-disalloed
Life insurance premium of owner paid from business-disallowed
Scientific Research (in house)-fully allowed including capital expenditure
Family planning revenue expenditure-allowed
Points to solve problems
Unapproved statutory funds-disallowed
Closing stock and opening stock to be valued in the same manner
Profit and loss account 10,00,000 Gross profit Interest on bonds Dividend received Rent Rent paid in advance Profit on sale of investment
discount Salaries Rent and rates Office expenses Stock destroyed Depreciation Discount Advertisement Interest on loan Scientific
research expenses Bad debts RBD Insurance on building Insurance stock Income tax Amount Rupees particulars Amount Rupees
particulars

Closing stock is 10% less than the actual value
Opening stock was over valued by 8%
Advance payment of tax
provision for tax
income tax refund
Loss of cash, goods
Capital expenditure on family planning
Loss of cash, goods
Donation and charity
Fringe benefit tax
Expenditure on issue of shares
expenditure on issue of debentures ,
arrangement of loan on borrowed capital
Bonus paid on 2 nd september
Copy right
technical know how
patent rights
Cash Amount paid for expenses 25000

Bad debts written off recovered (earlier disallowed)
statutory penalty
Contractual penalty
Personal expenditure
Interest paid on borrowed funds to pay Income tax
Interest paid on installment of the price of property
Expenditure to raise capital
Expenditure on shifting of registered office

Computation of Gross Total Income

Contents
1 Salaries
2 Income from house property
3 Profits and gains of business or profession
4 Capital Gains
5 Income from other sources
6 Set off of Losses
7 Carry Forward of Losses

Taxable income is computed under the respective heads (para 1.2.4) after allowing from gross receipts admissible
deductions for cost and expenses. The net income under each of these heads is then aggregated to arrive at the
'Gross total Income'. Computation of income under individual heads is explained in paragraphs following.
Salaries
4.2 Income from salaries is computed in accordance with the provisions of section 15 to 17 of the Act. 'Salary'
means all remuneration paid or due under the contract of employment. It includes wages, annuity, pension,
gratuity, fees, commission, perquisites, profits in lieu of or in addition to any salary or wages, any advance of
salary, leave salary encashment or any other payment by the employer for services rendered. The annual accretion
to the balance at the credit of an employee participating in a recognised provident fund in excess of the prescribed
limit is includible in the salary income of the employee. 'Perquisites' mean the benefits or amenities provided in
kind by the employer free of cost or at a concessional rate. The value of these is regarded as part of salary. Rule 3
of the Income Tax Rules lays down the methods for determining the value of certain perquisites. For others the
general rule of valuing the perquisites in the hands of the employee is to take the cost to the employer in providing
the benefit or amenity. It has been clarified that securities allotted to an employee free of cost or at concessional
rate under ESOP or as sweat equity shares will not be taxable as perquisite.
4.2.1 In order to be taxable under the head 'Salaries', it is necessary that there is a relationship of employer and
employee between the payer and the receiver. It is for this reason remuneration received as a partner is not taxable
as 'salary'.
4.2.2 In computing the salary income for the assessment year 1999-2000, a standard deduction is allowed as
under:-

i. Where salary income is upto Rs. one lakh - 33-1/3% or Rs. 25,000/- whichever is
less.
ii. Where salary income exceeds Rs. one lakh but does not exceed rupees five lakh -
Rs. 20,000/-.
iii. Where salary income exceeds rupees five lakh - NIL

Deduction for profession or employment tax levied by State Government is also allowed.
Income from house property
4.3 Income from house property is computed in the hands of the owner in accordance with the provisions of
sections 22 to 27 of the Act. It is determined with reference to its 'annual value', i.e. the sum for which the
property might reasonably be let from year to year. However, where any property is tenanted and the annual rent
received or receivable by the owner is in excess of the sum for which the property might reasonably be expected to
be let from year to year, the actual annual rent received or receivable is taken as the annual value of the property.
4.3.1 From the annual value of a house property in the occupation of a tenant, taxes levied by any local
authority in respect of the property to the extent such taxes are borne by the owner are deductible on actual
payment basis to arrive at the 'net annual value'.
4.3.2 Where the property consists of a house or a part of a house which is in the occupation of the owner for his
own residence, its annual value is taken as Nil. But if such a property is let out during any part of the previous
year, its annual value is taken proportionately. Further, where the owner has only one resedential house and the
house cannot be actually occupied by reason of the fact that owing to his employment, business or profession
carried on at any other place, he has to reside at that other place in a building not belonging to him, its annual
value is taken to be nil provided the house is not actually let out and no other benefit is derived by the owner from
it.
4.3.3 From the net annual value, determined as above deductions on account of annual repairs and collection
expenses (1/4th of the net annual value irrespective of actual expenditure), insurance charges in respect of
property, any annual charge, interest paid on any money borrowed for the building, ground rent, land revenue,
unrealised rent are allowed. All these deductions are not allowed in respect of the house property in the
occupation of the owner for his own residence, the annual value of which is taken at Nil. In such a case deduction
is allowed only for interest and that too upto Rs. 1,00,000 only provided the house was constructed or acquired
after 1.4.1999 but before 1.4.2003.
4.3.4 Under the circumstances mentioned in Sec. 27 of the I.T. Act, a person can be deemed to be the owner of the
house property and in such a case the income .from that property is taxable in the hands of that person.
4.3.5 Where the net result of computation of income from house property is loss and the assessee has income
assessable under any other head of income, he is entitled to have such loss set off against income under other
heads. Any loss remaining unadjusted can be carried forward to the following assessment year for set-
off against income from house property in that years and in succeeding seven years.
Profits and gains of business or profession
4.4 Income from business or profession is computed in accordance with the provisions of sections 28 to 44D of the
Act. The expression 'business or profession' includes any trade commerce or manufacture or vocation. Apart from
income from any of these activities the income chargeable under this head includes the following receipts as well:-

i. Compensation received for the termination or for modifications in
terms and conditions of any managing agency agreement.
ii. Income of trade, professional and similar associations from specific
services performed for its members.
iii. Value of any benefit or perquisite arising from any business or
profession.
iv. Profit on sale of a replenishment license, cash assistance or refund
of duty drawback granted to the exporters.
v. Any interest, salary, bonus, commission or remuneration due to or
received by a partner of a firm from such firm.
vi. Any sum received under a keyman insurance policy including
bonus on such policy.

4.4.1 Primarily the business or professional income is computed as per the accepted business and accounting
norms and in accordance with the method of accounting regularly employed by the tax payer. Thus, whatever
constitutes a legitimate outgoing of revenue nature of a business is allowed as a deduction in computing the
business income. However, certain deductions are allowed in the Act as per the specific provisions made with
regard to those deductions and certain deductions, though business related, are not allowed because of specific
bar on their allowance under the Act.
4.4.2 Some of the specific provisions made in law for permissible deductions in computation of business or
professional income relate to the following items of expenditure and outgoings:-

i. rent, rates, taxes, repairs and insurance of premises used for the
purpose of business or profession;
ii. repairs and insurance of machinery, plant and furniture used for
the purpose of business of profession;
iii. depreciation of tangible assets viz., building, machinery, plant and
furniture and intangible assets viz., know how, patents copy rights, trade
marks, licences, franchises or any other business or commercial rights of
similar nature owned by the tax payer and used for the purpose of
business or profession;
iv. Expenditure in respect of scientific research:-
a. On in-house research related to the business of the
assessee.
b. Capital expenditure (except expenditure on land) in relation
to the research related to the business.
c. Contribution to an approved University, college, association
or institution for scientific research including research in social
science or statistical research.
d. For payment to a National Laboratory or a University or an
Indian Institute of Technology for scientific research under an
approved programme, a weighted deduction equal to one and one-
fourth time the sum paid is allowable.
v. Expenditure of deffered revenue nature which are amortised over a
number of years. These are:-
(a) On acquisition of patent rights and
14 years (upto A.Y. 1998-99)
copy rights (Sec. 35A)
(b) On acquisition of know-how
6 years (upto A.Y. 1998-99)
(Sec.35AB)
(c) Preliminary expenses on setting up
5 years
of business (Sec. 35D)
(d) On prospecting for or extraction or
production of mineral deposits 10 years
(Sec.35E)
(e) Expenditure in the nature of capital
expenditure on obtaining licence to Years during which the licence
operate telecommunication services remains in force.
(Sec. 35ABB)
vi. premium in respect of insurance against risk of damage or
destruction of stock and stores used for business or profession;
vii. premium in respect of health insurance of the employees;
viii. bonus and commission to employees;
ix. interest on capital borrowed for the business or profession;
x. contribution to a recognised provident fund, an approved
superannuation fund or an approved gratuity fund;
xi. bad debts; and
xii. payments to notified Rural Development Fund or to National Urban
Poverty Eradication Fund or to approved organisation/institutions enaged
in activities of conservation of natural resources or afforestation or for
carrying out eligible projects or schemes approved by the National
Committee.

4.4.3 In addition, there is a residuary provision under which the tax payer can claim deduction in respect of any
expenditure incurred wholly and exclusively for the purpose of the business or profession.
This omnibus clause is not available for claiming any expenditure for which a specific provision is made or for
expenses of capital or personal nature or expenditure for any purpose which is an offence or which is prohibited
by law.
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4.4.4 Expenses, even though business-related, which are not allowed as deduction are

i. expenditure on advertisement in any souvenir etc. of a political
party;
ii. any interest, salary, royalty, fees for technical services or other
sum payable outside India from which due tax has not been deducted at
source;
iii. any tax calculated on the basis of profits or gains of the business
or profession
e.g. income tax;
iv. Wealth tax.

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4.4.5 Apart from these; the tax authorities may disallow, or restrict the deduction to a reasonable level, where the
payments are made to any close relative or a business associate. Claims are also to be disallowed to the extent of
20% where payments in excess of Rs. 10,000/- are not made by a crossed cheque or a crossed bank draft.
4.4.6 The above stated principles of computation of business income apply uniformly to all forms of business
activities. However, there exist certain special provisions under the Act which deal exclusively with taxation of
business income from certain specific activities. These provisions make departure from the normal manner of
computing income as explained above and prescribe for working out the taxable income on presumptive
basis as per the norms laid down. These are:-
(i) Business of civil construction or supply of Profit as declared in the return or the sum
labour for civil construction where the total equal to 8% of the gross receipts of the
receipts do not exceed 40 lakh rupees previous year, whichever is higher.
(Sec.44AD)
(ii) Business of plying, hiring or leasing goods Profit as declared in the return of income or
carriage, where the assessee does not own the sum calculated at Rs. 2,000/- per month
more than ten goods carriages (Sec. 44AE) or part of a month for heavy goods vehicle
and Rs. 1,800/- per month or part of a month
for other vehicles, whichever is higher.
(iii) Retail trade in goods or merchandise Profit as declared in the return of income or
where the total turnover of the previous year the sum equal to 5% of total turnover of the
does not exceed forty lakh rupees. previous year, whichever is higher.
Further there are special provisions for computing presumptive income in the case of non-residents engaged in the
business of shipping, exploration, etc. of mineral oils, operation of aircraft and civil construction etc. in certain
turnkey power projects. Such provisions also exist for taxation of income from certain dividends, interest and units
derived by a non-resident or a foreign company and from royalty or fees for technical services derived by a
foreign company. A detailed discussion about such provisions is made in Chapters VIII and X.
4.4.7 It is obligatory on persons engaged in certain specific professions such as legal, medical, engineering,
architectural, accountancy, technical consultancy, interior decoration, authorised representatives, film artists etc.,
to maintain books of accounts in a manner which may enable the assessing officer to compute their taxable
income. The obligation to maintain such books of accounts is also on all other professions and business if the
income in any of the preceding three years exceeded rupees 1,20,000 or the turnover/receipts in any of the
preceding three years exceeded rupees ten lakhs. For the business or profession which is newly set up the
obligation arises if the income or turnover/receipts is likely to exceed these amounts in the previous year. Persons
engaged in activities mentioned in para 4.4.6 are exempted from such obligation.
4.4.8 Further, every person carrying on business or profession in India must have his accounts audited by a
chartered accountant if his turnover exceeds Rs. 40 lakhs (Rs. 10 lakhs for professional receipt). A copy of the
audited accounts and auditor's report are required to be furnished by the due date of filing the retrun of income.
Certain other particulars are required to be filed alongwith the return of Income. The requirement to get
the accounts audited does not apply to persons enaged in activities mentioned in para 4.4.6.
4.4.9 In case of a partnership firm deducation for certain payments made to its partners like interest and
remuneration is subject to ceiling laid down in sec. 40 (b) introduced by Finance Act 1992.
Capital Gains
4.5 Sections 45 to 55A deal with the provisions relating to computation of income from capital gains. Gains
arising from the transfer of a capital asset are either short-term or long-term depending upon the period for which
the assets giving rise to capital gains were held by the tax payer. A gain is short term if the asset was held for a
period upto 36 months. In the case of share of a company, listed security, unit of Unit Trust of India or of any
other specified mutual fund, this period is 12 months. All other gains i.e. those arising from assets held for more
than this period are called 'Long-term capital gains'.
4.5.1 Capital gain is computed by deducting from the full value of transfer consideration the following:-

a. the cost of acquisition (or the written down value) of and cost of improvement in the
asset;
b. the amount of expenditure incurred in connection with such transfer.

The resultant amount in case of short term capital gains is taxable in full at the normal rate of taxation applicable
to the tax payer.
4.5.2 In case of the following self-generated assets where there is no cost incurred by the assessee, the law
provides for the cost of acquisition to be taken as 'NIL' :-

i. Goodwill or a right to manufacture produce or process any article
or thing.
ii. Tenancy rights
iii. Stage carriage permit
iv. Loom hours

4.5.3 In case of slump sale of an undertaking or a division thereof, its net worth is to be taken as cost of
acquisition. This cost of acquisition is not to be indexed as stated in para 4.5.4.
4.5.4 There are special provisions for computation of long term capital gains. In such cases, the actual cost of
acquisition and the cost of improvement of the asset is adjusted to take account of inflation in terms of the Cost
Inflation Index which is notified by the Central Government every year. For those assets which are
acquired prior to 1st April, 1981, the actual cost can be taken to be its fair market value as on 1st April, 1981
which is than adjusted for inflation in the same manner. The notified cost inflation index is as under:-
S.No. Financial Year Cost Index
1. 1981-82 100

2. 1982-83 109
3. 1983-84 116
4. 1984-85 125
5. 1985-86 133
6. 1986-87 140
7. 3987-88 150
8. 1988-89 161
9. 1989-90 172
10. 1990-91 182
11. 1991-92 199
12. 1992-93 223
13. 1993-94 244
14. 1994-95 259
15. 1995-96 281
16. 1996-97 305
17. 1997-98 331
18. 1998-99 351
19. 1999-2000 389
4.5.5 Long term capital gains computed after taking into consideration the indexed cost of acquisition and/or cost
of Irnprovement is taxable for and from the assessment year 1988-89 at the flat rate of 20% irrespective of the
residential status of the assessee. Exceptions are made in the case of certain categories of non-residents and NRIs
(Refer para 7.3.4 and 11.3). In respect of gains arising from transfer of listed securities or unit tax so computed
@.20% will be limited to 10% of capital gain worked out without indexation benefit.
No indexation benefit is available on bonds and debentures as also in respect of Global Depository Receipts
purchased by a resident employee under ESOP in foreign currency.
4.5.6 In case of non-residents, protection against loss arising from fluctuation in rupee value is provided in
computation of capital gains if the share or debenture of an Indian company was acquired by utilising foreign
currency. This is done to ensure that the amount of capital gains chargeable to tax is not influenced by the
exchange rate fluctuation and represents only the accretion in value. The manner of granting such protection is
mentioned in para 7.3.1 of Chapter VII.
4.5.7 Transfer of a capital asset in a scheme of amalgamation or demerger is not regarded as a transfer for the
purpose of capital gains when the amalgamated or the resulting company is an Indian company. Further, transfer
of a capital asset being shares in Indian companies from one foreign company to another, in a scheme of
amalgamation or demerger would not be regarded as a transfer if certain conditions are satisfied (para 7.3.2).
Exemption from tax is also provided, subject to fulfillment of certain condition, when assets are transferred as a
result of succession of a sole proprietory concern or a firm by a company.
4.5.8 In case the capital gain arising from transfer of an asset is used for acquiring similar assets within a specified
period, the whole or the proportionate amount of capital gain is not included in the income depending upon
whether the whole of the capital gains is so used or only part of it is used for acquiring a new asset. Such cases are
gains from residential house, agricultural land and from transfer of industrial undertaking (For details sections 54,
54B and 54G may be referred to). Gains from any long term asset if used for purchase or construction of
residential house where the person has only one residential house is also exempt (Sec. 54F). Similarly gain arising
from transfer of any long-term capital asset is exempt-wholly or proportionately as the case may be-if the net
consideration in respect of such transfer is wholly or partly invested, within a period of six months, in any of the
bonds, debentures, shares of a public company or units of a mutual fund specified by the Board for the purpose of
Section 54EA and notified in the official gazette. The assessee has the option to invest only the amount of capital
gain in assets specified by the Board for the purpose of Section 54EB in which case the gain will be wholly or
proportionately exempt depending upon whether whole or part of the gain is so invested. The new assets cannot be
transferred or converted into money within three years (if the net consideration was invested) and within seven
years (if the capital gain only was invested). In the event of such transfer or conversion, the gains exempted on
investment are brought to tax in the year of transfer or conversion of new assets and Rural Development or by the
National Highways Authority of Indian which are redeemable after five years. However gains arising from
transfers after 31.3.2000 will be required to be invested only in bonds issues by National Bank for Agriculture.
4.5.9 Special provisions exist for taxation of capital gains arising to offshore funds from transfer of units
purchased in foreign currency, to non-residents from transfer of bonds or shares purchased in foreign currency and
to Foreign Institutional Investors from transfer of listed securities purchased in foreign currency. These provisions
are explained at 7.3.4 in Chapter VII.
Income from other sources
4.6 Sections 56 to 59 deal with the provisions for computation of income under the head 'income from other
sources'. This is a residuary head covering all incomes which do not specifically fall .under any of the heads
mentioned earliers. Some of the types of income which are assessable under this head are mentioned belows :-

i. Dividends or income from units of mutual fund.
ii. Interest including 'interest on securities' if it is not taxable under
the head 'Profits and gains of business or profession'.
iii. Income such as
a. Ground rent or rent received or sub-letting a property.
b. Winning from lotteries, cross-word puzzles, races including
horse races, card games or from gambling or betting etc.
c. Income from hiring of machinery, plant or furniture unless
such a hiring is the business of the taxpayer.
iv. Family pension.

4.6.1 In computing the taxable income under this head, deduction is allowable for expenditure (other than capital
expenditure) which is incurred by the tax payer wholly and exclusively for the purpose of earning such income.
Besides, in assessing dividend income, any remuneration or commission paid for realising such income is allowed
as deduction. In assessing income from letting the machinery, plant or furniture on hire, the depreciation on the
value of such assets calculated in the same manner as in respect of assets used in a business or profession is
allowable as a deduction. No deduction is, however, allowed in respect of—

i. any personal expenditure of the tax payer;
ii. any salaries or interest payable outside India from which tax is deductible at source
under the Act but has not been deducted.

4.6.2 Further, no deduction in respect of any expenditure or allowance is made in computing income from
winnings referred in (iii) (b) of para 4.6 above. Such income is taxable at a flat rate of 40 per cent under the
provisions of Section 115BB.
4.6.3 A standard deduction equal to 33-1/3% of the pension amount or Rs. 15,000/- whichever is less is allowed in
computing income from family pension.
Set off of Losses
4.7 In case of computation of income under any of the heads of income results in a loss figure, such loss can be set
off against income under any other head (including capital gains) in the same year. This, however, does not apply
to losses from speculative transactions, losses from owning and maintaining race horses or to losses under the
head 'Capital Gains'. Losses of these excluded categories can be set off only against income, if any, from activities
in the same category in that year.
Carry Forward of Losses
4.8 Losses under the head 'Profits and Gains of business or profession' except those sustained from speculative
activities which cannot be set off against income under any other head within the same year can be carried forward
to the succeeding eight years and set off only against income under the same head in those years. In case of —

i. amalgamation of company owning industrial undertaking or a ship with another
company;
ii. a demerger of a company;
iii. a reorganisation of business resulting in succession of a firm or a proprietory
concern by a company;

the accumulated losses or unabsorbed depreciation of the amalgamating company, demerged company or the
predecessor concern will, subject to fulfillment of certain conditions (sec. 72A), be treated as losses or
depreciation of amalgamated company, resulting company or the successor concern and will be allowed to be set
off and carried forward as their own loss or depreciation Gains which would not be set off against income of
respective nature in any year can be carried forward for eight succeeding years for set off against income of
similar nature, if any, in those years. Losses in the activity of owning and maintaining race horses can be carried
forward for set off against profits of similar activities in succeeding four years only.
4.8.2 Losses under the head income from house property which could not be set off against income under any
other head can be carried forward for eight succeeding years for set off against income under this head in those
years.
4.8.3 If 51% or more of the voting power changes hands in an unlisted company, the company will not be able to
carry forward losses incurred before such change.
How to Hire the Right Accountant for Your Business
A business's bookkeeper or accountant should have the skills and knowledge that he or she needs to perform the required functions. If
you're going to hire an accountant, you need to know what qualifications to look for. Here are some guidelines for choosing the right
person (or people) to enter and control the flow of your business’s data — and for making sure that those people remain the right people:
College degree: Many accountants in business organizations have a college degree in accounting, but some got their bookkeeping
methods and skills through on-the-job training.
Although employees without an accounting degree may have good skills and instincts, they often lack the broader perspective necessary
for improvising and being innovative. So, you want to at least look twice at a potential employee who has no college-based accounting
background.
CPA or CMA: When hiring an accountant in a business organization, determine whether he or she needs to be a certified public
accountant (CPA). The other main professional accounting credential is the CMA, or certified management accountant, sponsored by the
Institute of Management Accountants (IMA).
Unlike the CPA license, the CMA designation of professional achievement is not regulated by the state. The CMA is evidence that the
person has passed tough exams and has a good understanding of business accounting and income tax.
Continuing education: Bookkeepers and accountants need continuing education to keep up with changes in the income tax law and
financial reporting requirements, as well as changes in how the business operates. Fortunately, many short-term courses, home-study
programs, and the like are available at very reasonable costs for keeping up on the latest accounting developments.
When you hire an accountant, consider working his or her continuing education into your budget. It not only shows that you're committed
to that accountant's future with the company, but it also guarantees that your books are kept according to the most recent guidelines and
legislation.
Integrity: What’s possibly the most important quality to look for is also the hardest to judge. Bookkeepers and accountants need to be
honest people because of the control they have over your business’s financial records. Conduct a careful background check when hiring
an accountant. As a small business owner, you have close day-in and day-out contact with your accountant, which can be a real
advantage — you can get to know him or her on a personal level.

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