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)
Draft Income-tax Rules, 2026 - Key changes and brief overview
The Central Board of Direct Taxes (‘CBDT’) has released the Draft Income-tax Rules, 2026, along with accompanying Draft Forms, to operatio...
-
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...
-
01. No change in Income Tax rates, surcharge & cess. 02. Income tax Act 2025 effective from April 1, 2026. 03. Old regime tax ...
-
The Central Board of Direct Taxes (CBDT) released the Draft Income Tax Rules, 2026 on February 7, 2026. It has invited suggestions and opi...
-
01. The present employer contribution is restricted to 12%. 02. In the proposal the 12% limit removed 03. It means employer contri...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
At first glance, DGFT Public Notice No. 42/2025-26 appears to be a mundane update—just three new fields to populate on the electronic ...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
In a recent and noteworthy ruling, the Hon’ble Delhi Income Tax Appellate Tribunal has provided important clarity on the scope of appellat...
-
In a significant ruling that provides relief to taxpayers and clarifies the scope of the Goods and Services Tax (GST) law, the Nagpur Benc...
-
COMMON ERRORS OF GST PORTAL. 1. Error Code- 404- No documents found Error Category / Form- Download File request Error Massage – ...
No comments:
Post a Comment