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Thursday, 21 June 2012

Broad scheme of New Service taxation


The key features of the new system of taxation are as follows:

  1. Service' has been defined in clause (44) of section 65B of the Act.
 2. Section 66B specifies the charge of service tax: service tax shall be levied on all services provided or agreed to be provided in a taxable territory, other than services specified in the negative list is contained in section 66D of the Act.
 3.  Section 66C empowers the Central Government to make rules for determination of place of provision of service (provision of service in the taxable territory is an important ingredient of taxability, Under these provisions the Place of Provision of Services Rules, 2012 have been made. 
 4.  Section 66E defines certain activities as services and are referred as Declared Services. (to remove some ambiguities)
 5.  In addition to the services specified in the negative list, certain exemptions have been given under notification 25/2012 (single mega exemption for ease of reference)
 6.  Principles have been laid down in section 66F of the Act for interpretation wherever services have to be treated differentially for any reason and also for determining the taxability of bundled services.
 7.     Availment and utilization of CENVAT credits essentially remains the same with only incidental      changes required for the new system of taxation.


A Pictorial Representation:





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