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Taxation of services imports in India and the levy to the IRS
N. Viji Kumar
This article discusses the tax imports of services in India and assessment of the rate of service tax in light of relevant circulars and notifications. The author also referred to a decision of the High Court of Bombay, India, the National Shipowners' Association v. Union of India [2009] 18 STT 212.
1. "Evolution of the tax on services is not only informative but also interesting. This tax was imposed by the Finance Act 1994 and subsequent acts of Finance amended the law to broaden the base and the rate of increase. This claim may be the only case in the legislative history India, where an afternoon of Finance amends an earlier one.
It is also surprising that the Finance Act 1994 is the only Act in the laws he has "Declaration objects and reasons, and one of the few laws that have not been reviewed by a committee Parliamentary or a special commission of Parliament.
However, another distinctive feature is that this tax is imposed on the "service sector" but implemented by the authorities of Central Excise are made under the Act Central Excise, 1944.
2. Service ">" service fee "was introduced for the first time in Chapter V of the Finance Act 1994. Article 66 of the Act was the calculation section and provides a rate of service tax rate of 5 per cent of the value of "passive service". "passive service" is defined Article 65 to include three services Viz., any service provided to an investor by a broker to a subscriber of the telegraph authority and the recipient of an insurance company operating in general insurance. Article 68 requires that any person who provides the service "passive" to collect "Service Fee Tax specified. Section 69 provides for the registration of a person responsible for tax collection services. Paragraph (2) of Article 5, said that was the service provider who was responsible for collecting taxes and registration requirements. Sections 65, 66, 68 and 69 were subsequently amended, while the remaining sections continued as originally adopted with minor modifications. Under Article 70, any person responsible for collection service is required to provide the burden of Central Excise in the prescribed form and verified the prescribed manner, a clear statement. Articles 71, 72 and 74 against the filing of tax returns, assessment mechanisms, the reopening Evaluation and correction of errors in the evaluation order. Article 75 provides for the payment of interest by the person responsible for collection services tax in case of late payment of tax credit from the central government. Article 76, with exemption penalty for failure to collect the service tax. Article 77 punishment for failure to perform as expected. Article 78 of the abolition of the death by the value of liabilities. Article 79 is a penalty for failure to give notice. Section 94 empowers the Central Government to set standards of conduct provisions of Chapter V of the Finance Act 1994. The Service Tax Rules 1994 were made pursuant to the authority.
3. Service Tax Circular No. 36/4/2001, dated 8/2/2001 of the Government of India, Ministry of Finance stated that services rendered outside the territorial waters of India are not subject to service tax, the provisions of the target = "_blank" title = "service fee"> Revenue Service has not spread to these areas. On 1 March 2002, notification No. 1/2002-ST dated 1/3/2002, which was issued by the provisions of Chapter V of the Finance Act 1994 were extended to the continental shelf and exclusive economic zone of India.
36/2004-ST Notification No notification dated, 31/12/2004 following taxable services for the purposes of section 68 (2) of the Finance Act 1994, ie., services for telephone connections as pager, general insurance companies, insurance services auxiliary an insurance agent and the transport of goods by road transport of goods. It also provides that any person service by a person who is a non-resident or outside India, or has no office in India is due to taxes.
Service Tax Rules, 1994 was amended on June 16, 2000, and added a provision in Article 2, ie., Section 2 (IV). Through this provision, so that the definition of "person liable to pay service tax "means a person who has received services outside India has been entrusted the implementation of the service tax.
Power, June 16, 2005, brought a change in the Finance Act 1994, an explanation was added after Article 65 (105), to provide if a service is provided by a person who has no permanent residence in India, a person with permanent residence in India is considered a person "service". Section 66A was inserted in the Finance Act 1994 with effect from April 18, 2006 to establish "responsible service of taxes services received from outside India. "
4. Indian National Shipowners' Association v. Union of India [2009] 18 STT 212 (Rom.).
National Shipowners' Association of India, which was devoted to the operation of ships, challenged the validity Constitution (i) of section 66A of the Finance Act 1994 introduced with effect from April 18, 2006 (II) Explanation of Article 65 (105) which was in force between June 16, 2005 and April 17, 2006 and (iii) section 2 (1) (d) (iv) the settlement of the tax function, inserted in 1994 from August 16, 2002, stating that the authorities of the tax on the basis of the above attempt to recover the tax and the employment rate for residents India on the services were rendered and / or carried out outside India by providers of non-residents. It was stressed that India Shipping was forced by the law and the provisions of the Merchant Shipping Act 1958 and under normal conditions of trade, to obtain and use services in India such as customs officers, Steam service agents and customs clearing services, port services, Cargo Handling Services, storage services, maintenance or repair services, etc.
About the Author
Taxmann is growth oriented publishing house with in depended editorial, marking and production division .We have an impressive tally of title on India – international taxation, service tax, Indian taxes, FEMA , foreign exchange laws,insurance laws, direct tax laws,corporate laws and other judicial SC/HC acts .Our experience in the industry. Editorial expertise, market, network and in house production unit combine to produce publication of quality.
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