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On liability to pay tax in GST: As per GST law, any service provided by the State Government to any business entity is liable to reverse charge mechanism (Sl. No. 5 of …
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As the United States has shifted from a manufacturing-based economy to a service-based economy, many states started to impose sales and use tax on services as well. Many businesses that provide services are still unaware of these statutory changes—some mistakenly believe they don't have to pay any sales tax at all, even if they're selling ...
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The statutory provision of Service Tax law define a 'local authority' under section 65B (31) of the Act and a 'governmental authority' under Notification No. 25/2012-ST dated 20.06.2012. The term 'government' was never defined in Service Tax provisions prior to Finance Bill, 2015.
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The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the...
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Dead rent is calculated on the basis of the area leased while royalty is calculated on the quantity of minerals extracted or removed. So, it is determined in a way that while dead rent is a fixed return to the lessor, royalty is a return which varies with the quantity of minerals extracted and it is because of this reason that section 9A of the MMDR Act, …
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The Service Tax was introduced in India around 21 years back on July 1, 1994 at the recommendations of Dr. Raja Chelliah Committee on tax reforms. ... (as introduced by the Finance Act, 2012 w.e.f. 01.07.2012) defines the word 'Service' as under: "Service means any activity carried out by a person for another for consideration …
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to deduct under the service tax law as it then stood. Subsequently, by the amendment of the definition of assessee effected on 12.5.2000 (though retrospectively effective from 16.7.1997) the liability to pay the service tax was shifted to …
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On 26 July, in a 8:1 majority, a nine-judge Constitution Bench of the Supreme Court held that states have the power to levy tax on mines and minerals. The Bench held that the "royalty" collected by state governments under Section 9 of the Mines and Minerals (Development & Regulation) Act, 1957 (MMDRA) is not a tax. The judgement …
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Sir, With effect from 1.4.2015, all the civil works such as govt. Building and repairs to govt. Building is taxable services. If the principal contractor engages sub contractor and sub contractor charges service tax on 40% valvue, than credit for service tax charged by sub contractoris available under cenvat credit rules?
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[ Refer: Sec. 68(2) of the Act read with Rule 2(d) of the Service Tax Rules, 1994.] 3. Under what authority service tax is levied? Vide Entry 97 of Schedule VII of the Constitution of India, the Central Government levies service tax through Chapter V of the Finance Act, 1994. The taxable services are defined in Section 65 of the Finance Act, …
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Read more about severance taxes in the articles titled "Oil Severance Tax" and "Gas Severance Tax". County Ad Valorem Tax. Ad Valorem (Latin for according to value) taxes are levied at the County level and are generally viewed as a property tax on mineral rights, similar to the tax you pay on your residence. In most states, this tax becomes ...
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Levy of tax on royalty was earlier disputed in service tax regime and now under GST regime, the applicability is not a matter of dispute but the gst rate on royalty is the matter of dispute, where the government has clarified vide Notification No. 27/2018-Central Tax (Rate), as an amendment to Original Notification No. 11/2017-Central Tax …
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Service tax on Mining service. (A) Date of Introduction: 01.06.2007 vide Notification No. 23/2007-S.T., dated 22.05.2007. (B) Definition and scope of service: …
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Many taxpayers have not paid the service tax on mining royalty under reverse charge as there are perennial issues to be resolved to levy the service tax even …
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The recent order by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Delhi in the case of White N White Minerals Pvt. Ltd. vs Commissioner of Central Goods & Service Tax and Central Excise addresses the issue of service tax on the appellant under the category of "Goods Transport Agency" (GTA).
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The rate of tax on Royalty could be derived from the Notification No. 11/2017-Central Tax. As per this Notification the rate of tax for Heading 9973 were given in Entry No. 17, …
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The Secretary of Finance has issued Revenue Regulations (RR) No. 1-2018 dated 5 January 2018 to provide for the Revised Tax Rates on Mineral Products pursuant to the provisions of the Tax Reform for Acceleration and Inclusion (TRAIN) Law for the purpose of amending RR No. 13-94 which governs the imposition of excise tax on …
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The power to levy such tax on mineral vests solely with the State Governments under Entry 50 of List – II (State List) and has not undergone any change …
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At the same time, royalty cannot be termed as a consideration received by the Govt. to grant rights over the Mine for mineral extraction & it cannot be said that State Govt. has supplied the service of granting rights for mineral extraction to come within the ambit of "Supply. 2.5 The entry under HSN Code 9973 relates to "Supply of Services".
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under the purview of service tax. • The power to levy tax on mineral rights in provided in Entry 50 of List II, the and therefore, charging provision and cannot create a only the …
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For the support services provided by the Government, other than where such support services are by way of renting of immovable property, to business entities government departments will not have to get registered because service tax will be payable on such services by the service receiver i.e. the business entities receiving the …
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service of renting of vehicles to State Transport Undertakings (STUs) and Local Authorities for exemption from GST under notification No. 12/2017-Central Tax (Rate) dated …
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Introduction: At the time of introduction of negative list-based taxation under service tax law effective from 01.07.2012, only selected services provided by Government are subject to service tax and the rest are …
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India currently produces around 89 minerals under different groups, with fuel minerals, metallic minerals, non-metallic minerals, atomic minerals and minor minerals. ... The rate applicable on the service of grant of mineral exploration license and mining lease under Service Tax was also the standard rate of 15.5%. Services under this …
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17: As far as the demand of levy of Service Tax upon the party transferring development rights is concerned, in view of the above submission, there is no manner of doubt that no "Service Tax" is …
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The current hearings stem from 2011 when a three-judge bench framed eleven pivotal tax law questions, prompting the escalation of the issues to the 9-judge bench. These questions included whether 'royalty' equates to tax and the authority of state legislatures to base tax on land value linked to production. Senior Advocate's Inquiries
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1 Comprehensive Analysis of Service Tax & GST Implications on Mining Rights -Contributed by CA Sri Harsha and CA Manindar Introduction: At the time of introduction of negative list-based taxation under service tax law1 effective from …
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The excise tax on locally extracted or produced nonmetallic minerals and quarry resources will be 4 percent based on the actual market value of the gross output thereof at the time of removal; for ...
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(ii) the provider of taxable service shall not avail the CENVAT credit of service tax paid on any input services, under rule 3 or rule 13 of the CENVAT Credit Rules, 2004 (herein after referred to as the said rules), used for providing the said taxable service, for which Exemption from payment of service tax under this notification is …
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A recent decision in Union of India v Mohit Minerals Pvt. Ltd by a three-judge bench of the Indian Supreme Court, led by Justice DY Chandrachud, has laid to rest a highly contested tax issue—whether Indian importers are liable to pay integrated goods and services tax (IGST) on the component of ocean freight paid for by the foreign seller to …
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