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)
Identifying a Drafting Error in GST Amnesty Provisions
Provision Regarding Amnesty Scheme Section 128A was introduced into the Central Goods and Services Tax (CGST) Act by the Finance Act, 2024,...
-
In this article, for the benefit of our reader’s we have come up with detailed FAQ on procedures of issuance, requirement of Form 15CA an...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
1. Situation I. Tax Department Summons An employee received a summons from the tax department demanding an explanation for failing to discl...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Many of us rely on home loans to purchase residential property, but are you fully aware of how tax laws impact your financial strategy? Unde...
-
Summary of the relevant updates is provided below for ease of your reference: A) Proposals relating to GST law, Compliances an...
-
Particulars Singapore Hong Kong Corporate Tax rate 17% 16.5%. Numb...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
No comments:
Post a Comment