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Extract of Finance Act, 1994 (32 of 1994) (as amended) regarding imposition of Service Tax

Service tax presently administered under the provisions of Section 64 - 96 of the Finance Act, 1994 as duly amended in 1996, 1997 and 1998 and the Service Tax Rules, 1994. Levy and collection of the tax is handled by the Central Excise Officers, duly authorised for the purpose, in terms of Rule 3 of Service Tax Rules, 1994. Given below are the provisions of Finance Act, 1994 and Service Tax Rules, 1994 in brief.

 

Finance Act 1994, as amended :

 

Section 64

Specifies the name and extent of the law. ( Service Tax not applicable in State of Jammu & Kashmir.

Section 65

deals with the definitions of various services brought under tax net, and the service providers with special reference to taxable services under section 65(41).

Section 65A

Classification – most specific description

Section 66

66 authorizes the levy of service tax.

Section 66A

Receives received from out side India – Liability of recipient

Section 67

Section 67 describes value of taxable services

Section 68

deals with the payment of service tax with in prescribed period

Section 69

refers to registration

Section 70

enumerates persons responsible for filing the returns.

Section 71

deals with the assessment of service tax returns. - Omitted

Section 72

Provides for best Judgment assessment                          - Omitted

Section 73

deals with the value of the taxable service which has escaped assessment  and Recovery of tax not paid

Section 73A

deals with tax collected from any person to be deposited with Govt. 

Section 73B

deals with Interest on amount collected in excess above

Section 73C

Provides for Attachment of property by permission of commissioner.

Section 73D

Provides for Publication of name or proceeding of defaulters

Section 74

Deals with Reification of Mistake by Central Excise office

Section 75

provides for payment of interest on delayed payment of service tax

Section 75A

Provides for penalty for non Registration - omitted

Section 76

Deals with penalty for non deposit of Service Tax

Section 77

Provides for penalty for contravention of provision of Act

Section 78

Provides for penalty for suppression & fraud

Section 79

Penalty for failure to comply with notice- omitted

Section 80

Provides for Penalty not to be impose in certain cases.

Section 81

Deals with offence by companies

Section 82

describes power to Search premises  & seize books 

Section 83

Enumerates Application of various Central Excise provisions, to Service .

Section 83A

Power of adjudication

Section 84

Revision of Orders - by Commissioner of Central Excise

Section 85

provides for appeal to the Commissioner of Central Excise (Appeals).

Section 86

provides for an appeal to the appellate tribunal.

Section 87

Recovery of any amount due to Govt

Section

88,89,90,91,92 & 93 - Omitted

Section 93

provides for issuance of General and specific Exemption notifications.

Section 93A

Rebate of Service Tax on input in case of Export of Services

Section 94

gives powers to make rules.

Section 95

Provide for power to remove difficulty in implementing new services

Section 96A to 96-I

Advance Ruling – determination  of a question of law or fact on liability to pat Service Tax  . foreign co or joint venture

 

Service Tax Rules, 1994 :

 

Rule 1

provides the name and date of Service Tax Rules.

Rule 2

defines the act, assessment, form, half-year and the person responsible for payment of service tax.

Rule 3

deals with appointment of officers.

Rule 4

deals with mode of registration.

Rule 5

deals with records.

Rule 6

describes manner of payment of service tax.

Rule 7

refer filing of Returns.

Rule 8

provides for the form of appeal to Commissioner of Central Excise (Appeal).

Rule 9

provides for the form of appeals to appellate tribunal.

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