Finance Act,1994 (As amended by Finance Act 2009) Act 1994 Act,2009)
The things to be considered for interpretation considered….for
Trade Notices
Circulars / Court Orders
Notification
Rules
Act
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Introduction
Particulars P ti l Finance Act,1994 , Chapter V (Finance Act) Chapter VA (Finance Act) Chapter VI (Finance Act) Implication I li ti Applicable Law for Service Tax pp Act for Service Tax provisions Advance Ruling on Service Tax •Education Cess on Service Tax •S & H Ed. Cess on Service Tax
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Administration of Service Tax
Particulars Service Tax Rules Who can make it The Central Government Implication •To carry out the provisions of the Act •They cannot be contradictory, there-fore, cannot over-ride the Act •Providing rules for service tax •Making amendments in them, •Providing or withdrawing exemptions from service tax •Dealing with any other matter that th t would f ilit t ld facilitate smooth th operation of service tax
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Notifications
The Central Government
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Administration of Service Tax
Particulars P ti l Circulars or Letters on service tax/ Orders of Service Tax Trade Notices Who Wh can make it I li ti k Implication The Central Government and Central Board of Excise and Customs (CBEC) C t Central Excise/Service / Tax Commissionrates •Define the scope of taxable services and administration of service tax- It interpretes the law but never defines the law. •Issue of trade notice on receiving instruction g from Finance Ministry or CBEC for effective implementation and administration of service tax law
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Person liable to Service tax
Who is Liable to pay tax? py
Person liable to pay tax
Service Provider
Specified persons as per Rule 2(1) (d) of Service Tax Rules, 1994 Recipient of p Services
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Person covered in Rule 2(1)(d)
Person Who is liable to tax
General insurance