Renting
of motor cab liable to service tax u/s 65(105)(o) r/w Section 66 of Finance
Act, irrespective of whether operator retains possession and control of vehicle
or passes it on to the customer; Rejects assessee’s stand that since control of
cabs does not pass to customer, its business would not be covered under the
term “Rent-a-cab scheme operator” chargeable to service tax; HC observes, a
plain and simple reading of relevant provisions indicate that what is sought to
be taxed under the Act is service provided by a person under a rent-a-cab
scheme, whereby no distinction is made between ‘renting’ and ‘hiring’; Absent
definition of said terms under Finance Act, meaning acceptable in common
parlance must be assigned, states HC while observing that distinction carved
out between 'renting' and 'hiring' of cab by Uttarakhand HC in case of Sachin
Malhotra in view of Section 75 of Motor Vehicle Act, 1989 is not necessary for
determining taxability of service; Further elucidates, “rent-a-cab scheme”
formulated by Central Govt. providing for obtaining of license by scheme
operator has nothing to do with the provisions relating to imposition /
chargeability of service tax : Allahabad HC
Subscribe to:
Post Comments (Atom)
GST Not Leviable on Transfer of Leasehold Rights of MIDC Plots: SC Dismisses Revenue’s SLP
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
-
New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
-
1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
No comments:
Post a Comment