Service tax
How to decide whether Service Tax is payable by a person?
By  Mihir Dharap  |  20 Jul 2016  |  Upvotes: 0  | 

1 Answer(s)

Harshit Bhurani
Advocate

Whether there is a general or specific exemption available for the category of service provided under any notification.
Whether you are entitled to the value based exemption of Rs. 10 Lakhs available for small service
Whether the service charges were received for the services provided or to be provided.
In case the service provided by a person falls within the scope of the taxable services and if such service is not fully exempted, the service tax is payable on the value of the taxable service received subject to the eligible abatements.(if any)

 If you are availing the services of the service provider, please check:—

Whether the service received by you is falling under the scope of any of the services where the recipient of the service is liable to pay Service Tax in terms of Section 68(2) of the Act read with Rule 2(d) of the Service Tax Rules, 1994.
In case the service received by recipients of such service is falling under the scope of any of the taxable services defined under section 65 of the Finance Act, 1994, the recipients of the service shall pay Service Tax having regard to the exemptions/abatements admissible, if any.
Please note that the value based exemption for small scale service providers under Notification No. 6/2005-ST, dated 01.03.2005 effective from 01.04.2005 is not admissible to such recipients of taxable services.

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