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)
No Permanent Establishment Unless Proven by the Revenue
The Income Tax Appellate Tribunal (Delhi Bench) recently in the case of SAIC clarified an important principle in international taxation: th...
-
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...
-
The Central Board of Direct Taxes (CBDT) released the Draft Income Tax Rules, 2026 on February 7, 2026. It has invited suggestions and opi...
-
These instructions are guidelines for filling the particulars in this Return Form. In case of any doubt, please refer to relevant provisi...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
This Tax Alert summarizes a recent ruling of Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad (CESTAT) [1] . The issue invo...
-
Anna Covaco is trying to sell her ancestral property - a piece of land worth nearly Rs 10 crores in today's market. Being a senior cit...
-
On payment of Contractor, Publisher, Ad-Service Provider etc. above Rs. 20000/- in the financial year, then the TDS is must be deducted u...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
PENSION SCHEME IN CASE OF AN E MPLOYEE JOINING CENTRAL GOVERNMENT OR ANY OTHER EMPLOYER ON OR AFTER JANUARY 1,2004 New pension s che...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
No comments:
Post a Comment