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4. Valuation. As Per N/N 29/2012, the taxable service of renting of an immovable property, from so much of the service tax leviable thereon under section 66B of the said Finance Act, as is in excess of the service tax …
Royalty is not a payment in respect of any taxable service at all and it is imposed under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the 'Act') in respect of any mineral "removed or consumed" by the holder of a mining lease from the leased area, at the rate specified in the ...
Royalty is not a payment in respect of any taxable service at all and it is imposed under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 …
India currently produces around 89 minerals under different groups, with fuel minerals, metallic minerals, non-metallic minerals, atomic minerals and minor minerals. ... The rate applicable on the service of grant of mineral exploration license and mining lease under Service Tax was also the standard rate of 15.5%. Services under this category ...
A tax under Entry 49 of List II is not only levied on the owner of the land, but also an occupier. Similarly, a tax on mineral rights could be levied on any person who has an interest in minerals. The Court said that the field of tax on mineral rights vests with the State legislature. Parliament cannot impose a tax on mineral rights under Entry ...
The statutory provision of Service Tax law define a 'local authority' under section 65B (31) of the Act and a 'governmental authority' under Notification No. 25/2012-ST dated 20.06.2012. The term 'government' was never defined …
The legislature may take into account the use of land or buildings for determining the incidence or measure of tax levied under Entry 49 of List II(para 271 of the present judgment). vi) As such the Royalty, which is paid by a mining lessee to the lessor for enjoyment of mineral rightsis outside the purview of levy of GST. 6.
In other words, if a bundled service falls under a service specified by way of a description then such service would be covered by the description so specified. The illustration, relating to a bundled service wherein a pandal and shamiana is provided in combination with catering service, given in the second bullet in para 7.1.2 above explains ...
If any of the part of the advance attributable to taxable service and that did not form part of returns filed subsequently that amount shall be brought to tax w. ... Guidelines for Compounding of Offences under Income-Tax Act, 1961. Ceiling on Signing E-Form MGT-7 by Company Secretaries in Practice.
With the Supreme Court categorically ruling that mining rights are not subject to service tax, mining companies can now operate with greater certainty regarding their tax …
Mining service– Scope[section 65(105)(zzzy)]- Presently, geological, geophysical or other prospecting, surface or sub-surface surveying or map-making services relating to …
(ii) the provider of taxable service shall not avail the CENVAT credit of service tax paid on any input services, under rule 3 or rule 13 of the CENVAT Credit Rules, 2004 (herein after referred to as the said rules), used for providing the said taxable service, for which exemption from payment of service tax under this notification is availed of;
The 8:1 judgement not just delivers closure to a long festering conflict, it can ease the fiscal landscape of most mineral-rich states that are among India's poorer ones. But fragmentation in ...
As per clause (1) of rule 6A of service tax rules, any service provided or agreed to be provided shall be treated as export of service if all the below mentioned conditions satisfied cumulatively- ... If place of provision of a service falls under both rule 3,4,5 or 6 and rule 8, then rule 8 shall apply due to the application of rule 14 ...
Sir, With effect from 1.4.2015, all the civil works such as govt. Building and repairs to govt. Building is taxable services. If the principal contractor engages sub contractor and sub contractor charges service tax on 40% valvue, than credit for service tax charged by sub contractoris available under cenvat credit rules?
"Section 66, read with section 67, of the Finance Act, 1994 and sections 12 and 14 of the Customs Act, 1962 – Charge/levy – Service Tax – Where a transaction involves a customs transaction and a service transaction, it is necessary to decide where customs transaction ends and service transaction begins – Question of rendering any ...
As far as service tax law is concerned the moot problem that persists in this are the following: A. Whether the agreement between developer and land owners is in the nature of joint venture? ... The term 'Service' has been defined under section 65(B)(44) of the finance act, 1994. The relevant extract is as follows: "service" means. any ...
In past practices under service tax there was the system of regular assessment under which the assessee use of file their return under section 70 and thereafter the Central Excise officer after obtaining written permission from the Commissioner of Central Excise serves the notice for making the assessment under section 71 of the Finance Act ...
The Supreme Court's recent ruling has affirmed that states retain the right to tax mineral rights unless restricted by Parliament, with statutory limitations under Entry 50 of List 2 not affecting …
Having satisfied with the classification of the Service under the Service code 997337, we come to the next Question of determination of the rate of tax on the impugned Service. We find that the entry No. 17 of the Notification No. 11/2017 – Central Tax (Rate), deals with the Heading 9973 (Leasing or rental services with or without operator).
(ii) the provider of taxable service shall not avail the CENVAT credit of service tax paid on any input services, under rule 3 or rule 13 of the CENVAT Credit Rules, 2004 (herein after referred to as the said rules), used for providing the said taxable service, for which Exemption from payment of service tax under this notification is availed of;
There is hereby levied and shall be paid and collected, as herein set forth, a documentary or transfer tax, to be known as the mineral documentary tax, upon the filing and recording of every lease and other writing hereafter executed whereby there is created a leasehold interest in and to any nonproducing oil, gas or other minerals in, on or under or that may be produced from any …
Third, this judgement will be a leading case to guide taxability of the transactions related to land and building under service tax and GST (such as renting of immoveable …
The Chief Commissioners of Central Excise and Service Tax (All), The Director General (Service Tax), The Director General (Central Excise Intelligence), The Director General (Audit), The Commissioners of Service Tax (All). Madam/Sir, Subject: Applicability of service tax on laying of cables under or alongside roads and similar activities ...
The Supreme Court of India is set to deliberate on whether Goods and Services Tax (GST) or Service Tax is applicable on mining royalty payments.This follows a significant ruling that royalty payments made by mining operators to the government do not constitute a tax, thereby affirming the state's power to impose cesses on mining and mineral-use activities.
Analysis Of Supreme Court Judgment of Mohit Minerals And Refund of Igst Under Rcm On Ocean Freight. Briefing of the judgment: 1) The Hon'ble Supreme Court in Union of India & Anr. v. M/s Mohit Minerals Pvt. Ltd. [Civil Appeal No. 1390 of 2022 dated May 19, 2022] upheld the judgement pronounced by the Hon'ble Gujarat High Court and held that no …
The entries prescribing the rate of tax for the service code 9973 does not specifically cover the Licensing services for the right to use minerals including its exploration and evaluation and therefore it will be covered under the residuary entry " leasing or rental services, with or without the operator, other than (i),(ii),(iii), (iv) and ...
A sub-contractor would be liable to pay Service Tax even if the main contractor has discharged Service Tax liability on the activity undertaken by the sub-contr. ... Additions made as undisclosed foreign income and asset under BMA should not be repeated under Income Tax Act. Provisional release of goods if assessee demonstrated inclusion of ...
Relying upon the judicial decisions under the erstwhile regime of Service Tax, royalty cannot be termed as a consideration received by the Government to grant rights over …
fruits and vegetables come under service tax. Reply. August 7, 2013 at 6:40 pm rahul bhatt says: Whether freight paid on purchase of cotton bales from ginning factory shall be exempted from service tax in terms of Goods transport service from 1/4/13 ? Reply.
3.1 Whether ambulance service provided by hospitals is exempted? Yes, as per entry no. 2 of mega exemption Notification No. 25/2012-ST dated 20-06-2012, health care services, which include services by way of transportation of patient to and from a clinical establishment is exempted. Also, as per clarification given by CBEC vide Letter F. No. …
whether service tax is payable on rcm basis on royalty paid to state government for extracting minerals. also please update us regarding the status or outcome/verdict in case of mineral area development authority vs steel authority of india (2011) 4 scc 450 and in the case of gujmin industry association (gujarat high court) thank you in advance
Under Rule 2(1)(d) of the Service Tax Rules, 1994, the expression "person liable for paying service tax" has been defined and by virtue of Notification No.2/2017-ST dated 12.1.2017, the Central Government inserted Clause (EEC) under Rule 2(1)(d) thereby laying down that the person in India who complied with Sections 29, 30 or 38 of the ...
Even assuming that royalty paid is not in the nature of tax, levy of service tax on the royalty amounts paid towards extraction of minerals cannot be considered as activity for consideration to come under the ambit of service.
Since the transfer of immovable property is not subject to service tax, any payments made for acquiring mining rights, which include the right to explore and extract …
It accordingly upheld that "licensing services for the right to use minerals including its exploration and evaluation" falling under service code 997337 were taxable @ 18% during …