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Winners Verses Losers

Friday, May 17, 2013 | comments

Friends,   Below are some words to generate confidence in Man.  Devote a little time to read the following words. 
  • The Winner is always part of the answer;
    The Loser is always part of the problem.
  • The Winner always has a program;
    The Loser always has an excuse.
  • The Winner says, "Let me do it for you";
    The Loser says, "That is not my job."
  • The Winner sees an answer for every problem;
    The Loser sees a problem for every answer.
  • The Winner says, "It may be difficult but it is possible";
    The Loser says, "It may be possible but it is too difficult."
  • When a Winner makes a mistake, he says, "I was wrong";
    When a Loser makes a mistake, he says, "It wasn't my fault."
  • A Winner makes commitments;
    A Loser makes promises.
  • Winners have dreams;
    Losers have schemes.
  • Winners say, "I must do something";
    Losers say, "Something must be done."
  • Winners are a part of the team;
    Losers are apart from the team.
  • Winners see the gain;
    Losers see the pain.
  • Winners see possibilities;
    Losers see problems.
  • Winners believe in win-win;
    Losers believe for them to win someone has to lose.
  • Winners see the potential;
    Losers see the past.
  • Winners are like a thermostat;
    Losers are like thermometers.
  • Winners choose what they say;
    Losers say what they choose.
  • Winners use hard arguments but soft words;
    Losers use soft arguments but hard words.
  • Winners stand firm on values but compromise on petty things;
    Losers stand firm on petty things but compromise on values.
  • Winners follow the philosophy of empathy: "Don't do to others what you would not want them to do to you";
    Losers follow the philosophy, "Do it to others before they do it to you."
  • Winners make it happen;
    Losers let it happen.
  • Winners plan and prepare to win.
    The key word is preparation.

Calculators (Completely Free)

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Friends
Now excel based free calculators are available for registered readers. Enter your email id in below box and check your inbox or spam emails.  There is link of Feed Burner to accept the registration.








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Forms

Software/Utility

  • Form 27A software from FVU/TXT file (Instructions) (Download)
  • 89(1) Relief  or 10E Calculator for Assessment Year 2013-14 (Click Here)
  • 89(1) Relief  or 10E Calculator for Assessment Year 2012-13 (Click Here)
  • 89(1) Relief  or 10E Calculator for Assessment Year 2010-11 (Click Here)
  • Income Tax Calculator w.e.f. 1.4.05 to up to Date (Click Here)
  • Age Calculator Excel Based or Difference between two Dates (Click Here)
  • F.Y.2013-14, A.Y.2014-15 Income Tax Calculator with New Form 16 for individuals  (Download)
  • F.Y.2012-13, A.Y.2013-14 Income Tax Calculator with New Form 16 for individuals  (Online View)  (Download)
  • F.Y.2011-12, A.Y.2012-13 Income Tax Calculator with New Form 16 for individuals (Online View) (Download)
  • F.Y. 2010-11, A.Y. 2011-12 Income Tax Calculator with Form 16  for Individuals.(Online) (Download)
  • F.Y. 2009-10, A.Y. 2010-11 Income Tax Calculator for Individuals   (OnLine) (Off Line) (Excel Sheet with Storage)
  • Advance Tax Calculators (Click Here)
  • T.D.S. Calculator w.e.f. 01.10.09 (Click for Online Here) (Download)
  • Bootable USB Drive Creator Tool  (Click Here)
  • FDR (Fixed Deposit Receipt) Interest Calculator on Maturity/Pre-matured/Re-invest  (Click Here)
  • Debtor/Creditor List in Tally  with Partywise total (Click Here)
  • EPF (Employees Provident Fund) Software (Click Here)
  • Interest on Saving Bank Account Calculator (On Line)
  • House Rent Allowance Exemption Calculator (Click Here)
  • Post Office R.D. Interest (5 Years & 10 Years) Calculator (Click Here)
  • NSC Interest Calculator (Click Here)
  • On Line Excel Based Salary Statement (Click Here)
  • Disallowed Salary/Remuneration Calculator in case Partnership Firm (Download)
  • Depreciation Calculator (Download)
  • EMI Calcualtor (Download) (Online)
  • Bank Loan Interest Calculation Calculator (Download)
  • Income Tax Calculator F.Y. 2008-09, A.Y. 2009-10 (Download)



(further updation will be made after getting your response)

Income tax: inter-head adjustment of losses under section 71

Wednesday, May 15, 2013 | comments

Friends, 
 Today i want to share Set off of loss from one head against income from another head (inter-head adjustment) [Section 71] with you 
   Where in respect of any assessment year, if after setting off losses against income under the same head, the net result of the computation under any head of income, other than "Capital gains" is a loss, the assessee shall be entitled to have the amount of such a loss set off against his income, if any, assess able for that assessment year under any other head. for instance, loss in business may be set off against income from house property and loss under the head income from other sources may be set off against profits of business. loss relating to house property can similarly be set off against income under other heads. However, losses under the head "Capital gains" and "Business or Profession" shall be treated as under:
  1. Loss under the head  "Capital gains": Such capital loss, whether short-term or long-term, shall not be allowed to be set off again under any other head. it shall however be allowed to be carried forward.
  2. Loss under the head business or profession [Section 71(2A)]: Where in respect of any assessment year, the net result of the computation under the head "profits and gains of business or profession" is a loss and the assessee has income assessable under the head "salaries", the assessee shall not be entitled to have such loss set off against such income. However, it shall be allowed to set off from income under any other head.
As already discussed, in the following cases as intra-head adjustment was not permitted, hence, inter-head adjustment will also be not permitted:
(a) loss from a speculation business;
(b) loss from a specified business referred to in section 35AD;
(c) loss from the activity of owing and maintaining race horses;
(d) loss of lottery, etc. cannot be set off against winning from lotteries, crossword puzzles, card games, etc.;
(e) loss from a source which is exempt

ITR :- New ITR-1 (Sahaj) Form for the Assessment Year 2013-14 or Financial Year 2012-13

Tuesday, May 14, 2013 | comments

Friends, Income Tax Department has started to release excel based Return forms for submission of Income Tax Return of the assessment year 2013-14 or financial year 2012-13.  In the first hand ITR-1 (Sahaj) form has been released.  

Who can submit ITR-1 (Sahaj) ?
               As usual for past practice an Individuals having Income from Salary / Pension / Income from One House Property (excluding loss brought forward form previous years / Income from other sources ( Excluding Winning from Lottery and Income from Race Horses) can use this utility for submission of Income Tax return for the assessment year 2013-14 or financial year 2012-13.

What is new in new ITR-1 (Sahaj) ?
  • It is important to know that what in new in ITR-1 excel based form.  A new link has been provided to import Personal /Tax details from XML.   To understand about  the xml it is important to know the word  Pre-fill XML which can be downloaded from after sign in at  https://incometaxindiaefiling.gov.in/e-Filing/.   Pre-fill xml import Permanent Account Number, Name, date of birth, mainly Tds details alongwith TAN number and Tds amount.  It is pertinent to mention here that it is not mandatory for return filer but if he use this utility it makes error free return or avoid future complication with the income tax department.
                    
                                           To know more regarding Pre-fil xml (Click Here
  • New column of Mobile no 2
  • New column as if u/s 139(9)-defective return, enter Original Ack No. 
  • New column as if u/s 139(9)-defective return, enter Notice No. 
  • Selection of Self Occupied or Let Out under Income from House Propery. 
  • 80CCD deduction for Employees / Self Employed Contribution
  • 80CCD deduction for Employers Contribution. 
  • 80TTA deduction for Interest on Saving Account permissible max.  upto 10,000.00 
  • Warning in TDS sheet that If no entry is made in this column, then Columns __ to __ will not be considered for that row. 
  • IFSC code instead of MICR code.  

Download Excel Based ITR-1 (Sahaj) Form  Click Here
Free  excel based Income Tax Calculator  Click Here 

Income tax: Block of assets for Depriciation

Monday, May 13, 2013 | comments

Friends,   Block os assets is important when we are going to charge depreciation on assets.   Detail of the same is given below :- 

 "Block of assets"[Section 2(11)]  means a group of assets forming within a class of assets comprising,

(a) tangible assets, being buildings, machinery, plant or furniture;

(b) intangible assets, being know-how, patents, copyrights, trademarks,licences, franchises or any other business or commercial rights of similar nature, in respect of which the same percentage of depreciation is prescribed.

Class of Assets
Assets eligible for depreciation have been classified into four classes i.e.-
(a) building;
(b) plant & machinery;
(c) furniture;
(d) intangible assets of the type discussed above.

               Each class of assets other than intangible assets may have different blocks or groups on which separate rates of depreciation are prescribed and for each such rate, separate block will be formed.In the case of intangible assets there will be only one block as only one rate i.e. 25% has been prescribed for all such intangible assets.

The following blocks can be formed on the basis of class of assets and rates of depreciation:-

(a) Buildings

Block 1    Buildings which are used mainly for residential purposes                                   5%
                 except hotels and boarding houses                                                  
                    
Block 2    Buildings other than those used mainly for residential purposes                        10% 
                and not covered by sub-items(1) above and (3) below                                    

Block 3    (i) Buildings for installing machinery and plant forming part of water               100%                                             
                   supply project or water treatment system and which is put to use
                   for the purposes of business of providing infrastructure facilities 
                   under section 89-1A(4)(i) 
                              
               (ii) purely temporary erection such as wooden structures

(b) Furniture and fittings

Block 1     Furniture and fittings including electrical fitting.                                               10%

(c) Machinery and plant

Block 1    Motor cars, other than those used in a business of running                              15%
                them on hire.
                Machinery and plant other than those covered by block nos.
                2 to 8 below

Block 2  Ships;

             (i) Ocean-going ships including dredgers, tugs, barges, survey                           20%
              launches and other similar ships used mainly for dredging purposes
             and fishing vessels with wooden hull.
            (ii) Vessels ordinarily operating on inland waters, not covered by
            sub-item (c) below.
            (iii) Vessels ordinarily operating on inland waters being speed boats

Block 3
            (i) Motor buses, motor lorries and motor taxis used in a business of                   30%
                 running them on hire
            (ii) Moulds used in rubber and plastic goods factories                                        30%
            (iii) Machinery and plant, used in semi-conductor industry covering all                30%
                  integrated circuits (ICs) (excluding hybrid integrated circuits) ranging
                 from small scale integration (SSI) to large scale integration/very large
                 scale integration (LSI/VLSI) as also discrete semi-conductor devices
                such as diodes, transistors, thyristors, triacs. etc. ) other than those
                entitled to 80% rate of depreciation given in bloc 7 below.

Block 4  
            (i)  Aeroplanes- Aeroengines                                                                             40%
            (ii) Commercial vehicle which is acquired by the assessee on or after                  40%
                 1.10.1998, but before 1.4.99 and is put to use for any period before
                 1.4.1999 for the purposes of business or profession.

Block 5
            (i)  Containers made of glass or plastic used as re-fills.                                       50%
            (ii)  new commercial vehicle which is acquired on or after 1.1.2009 but              50%
                  before 1.10.2009 and is put to use before 1.10.2009 for the purposes
                  of business or profession.

Block 6
           (i) Computers including computer software                                                         60%
           (ii) Books, (other than books, (a) being annual publications, or (b) books            60%
                owned by assesses carrying on business in running lending libraries
           (iii) Gas cyclinders including valves and regulators.  Direct fire glass melting         60%
                 furnaces used in Glass manufacturing concerns, Plant used in field
                 operation (above ground) distribution, and Plant used in field operations
                (below ground), but not including kerbside pumps including underground
                tanks and fittings used in field operation (distribution) by mineral oil concerns.

Meaning of Computer Software is any computer programme recorded on any disc, tape perforated media or other information storage device. 

Block 7   Rollers used in Flour mills, Rolling mill rolls used in Iron and steel                  80%
                industry, Rollers used in suger works, Energy saving devices, and
                Renewal energy devices.

Block 8   (i)  Machinery and plant, acquired and installed in a water supply project     100%  
                   or a water treatment system and which is put to use for the purpose of
                   business of providing infrastructure facility under section 80-IA(4)(i).
              (ii)  Wooden parts used in artificial silk manufacturing machinery.                  100%
              (iii)  Cinematograph films - bulbs of studio lights.                                          100%
              (iv)  Match factories- Wooden match frames.                                              100% 
              (v) Tubs, winding ropes, haulage ropes and sand slowing pipes, and             100%  
                    Safety lamps used in Mines and quarries.
              (vi) Salt works- Salt pans, reservoirs and condensers, etc., made of             100%
                    earthy sandy or clayey material or any other similar material.
              (vii) Books owned by assessees carrying on a profession, being annual         100%
                     publications.
             (viii) Books owned by assessees carrying on business in running lending         100% 
                     libraries.
             (ix)   Air pollution control equipment, Water pollution control equipment,       100% 
                     Solid waste control equipments, Solid waste recycling and resource
                     recovery systems.

 
 1. Machinery and plant includes pipes needed for delivery from the source of supply of raw
     water to the plant and from the plant to the storage facility.
2.  Plant shall not include building, furniture and fittings and as such the building, electrical
     fittings etc. cannot be treated as plant.

(d)   Intangible Assets.

Block 1        Know-how, patents, copyrights, trademarks, licences, franchises or         25%
                    any other business or commercial rights of similar nature.
     
             It may be observed that for the above four classes of assets, there can be 13 blocks of assets according to different rates of deprecation prescribed.

 (a)  buildings                       - 3 block (5%,10% and 100%).
 (b) furniture & fittings          - 1 block (10%)
 (c) plant and machinery       - 8 blocks (15%,20%,30%,40%,50%,60%,80% and 100%)
 (d) intangible assets.            - 1 block (25%)

              How to form blocks :- Since building is one of the class of assets which has three rates of depreciation, there will be three blocks of buildings.   All buildings owned by the assessee and used for business, carrying 5% depreciation will be grouped as Block-1.  These will be residential buildings given to the employees of the assessee.  All buildings owned by the assessee and used for business carrying 100% depreciation will be grouped under Block-II.  Similarly, all buildings owned by the assessee and used for business carrying 100% depreciation will be grouped under Block -III.

           Similar procedure will be followed for making blocks of plant and machinery.   However, for intangible assets and furniture and fittings there will be only one block in each case. 


Download free simple Depreciation Calculator (click here)



Income tax : Assessment of income in same year

Sunday, May 12, 2013 | comments

           As a normal rule, the income earned during any previous year is assessed in the immediately succeeding assessment year. However, in the following circumstances the income is taxed in the same year in which it is earned. Therefore, the assessment year and the previous year in these exceptional circumstances will be same. These exceptions have been provided to safeguard the collection of taxes so that assesses  who may not be traceable later on, are not allowed to escape the payment of taxes. The exceptions are as follows:


  1. Shipping business of non-residents[Section 172]: A non-resident who is carrying on a shipping business and earns income from carrying passengers/ livestock/goods from a port in India. will be charged income tax before the ship is allowed to leave the Indian port. Therefore, before the ship leaves the Indian port, the master of the ship is under an obligation to furnish a return of the full amount earned on account of fare and freight (including the amount paid or payable by way of demur rage charge or handling charge or any other amount of similar nature) and pay the tax accordingly. In this case 7.5% of the amount of fare/freight/charge, etc. shall be deemed to be income in the same year in which it is earned.
  2. Assessment of persons leaving india [Section 174]: When it appears to the Assessing Officer that  any individual may leave India during the current assessment year or shortly after its expiry, and such individual has no present intention of returning to india, the total income of such individual, from the expiry of previous year for that assessment year up to the probable date of his departure from india shall be chargeable to tax in the same assessment year. Example 1.- R wishes to migrate to USA permanently and plans to leave India on 15.11.2012. He submitted his return for assessment year 2012-13 on 31.7.2012 the assessment of which is still pending In this case the Assessing Officer will make two assessments(a)  regular assessment for previous year income of 2011-12 at the rates applicable for assessment year 2012-13(b)  assessment of income of the period 1.4.2012 to 15.11.2012 and tax should be levied on such income in the assessment year 2012-13 itself but at the rates of advance tax for financial year 2012-13[a.y. 2013-14] given in part 3 of  First Schedule of Finance Act,2012.
  3. Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose [Section 174A]: Where it appears to the Assessing Officer that any association of persons or a body of individuals or an artificial juridical person formed or established or incorporated for a particular event or purpose is likely to be dissolved in the assessment year in which such association of persons or body of individuals or an artificial juridical person was formed or established or incorporated or immediately after such assessment year. the total income of such person or body or juridical person. for the period from the expiry of the previous year for that assessment year up to the date of its dissolution. shall be chargeable to tax in that assessment year. E.g. if AOP which is formed in the previous year 2012-13 is going to be dissolved on 16.6.2013 then the income of the period 1.4.2013 to 16.6.2013 shall be charged to income tax in the assessment year 2013-14 itself although its assessment year should have been assessment year 2014-15.
  4. Assessment of persons likely to transfer property to avoid tax[Section 175]: If it appears to the Assessing Officer during any current assessment year, that any person is likely to charge, sell, transfer, dispose of or otherwise part with any of his assets with a view to avoiding any payment of his tax liability, then the total income of such person for the period from the expiry of the previous year for that assessment year (i.e. from 1st april of that assessment year) till the date when the assessing officer commences proceedings, shall be the rate given in part 3 of Schedule 1 which are applicable for advance tax also.
  5. Discontinued business [Section 176]: Where any business or profession is discontinued in any assessment year, the income of the period from expiry of the previous year for that assessment year up to the date of such discontinuance may, at the discretion of the assessing officer, he charged to tax in that assessment year. For example, if a business is discontinued on 16.7.2012 then the income for the period 1.4.2012 to 16.7.2012 may be assessed in the assessment year 2012-13 itself. The tax will be charged at the rates in force for advance tax payable during financial year 2012-13 [i.e. rates given in part 3 of the first Schedule].                                                                                                            Any person discontinuing any business or profession shall give to Assessing Officer notice of such discontinuance within 15 days thereof.

Service Tax :- Abatement Notification No. 26/2012 Dated 20-06-2012

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Friends   
          Abatement Notification is important to file the service tax if you have taken any abatement.   This notification is applicable w.e.f. 01.07.2012.  July, 2012 to Sep, 2012 return will be filed with giving this Notification No and Serial Number as example given in below picture.  In column in 3 of table, Percentage of Taxable Service is given and balance percentage is of Abatement.  Serial No. of Table is also important to file in ST-3 in relation to relevant service. 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance 
(Department of Revenue)
Notification No. 26/2012- Service Tax
New Delhithe 20th June, 2012
G.S.R….. (E). - In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said  Act), and in supersession of notification number 13/2012- Service Tax, dated the 17thMarch, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 211 (E), dated the 17th March, 2012, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service of the description specified in column (2) of the Table below, from so much of the service tax leviable thereon under section 66B of the said   Act, as is in excess of the service tax calculated on a value which is equivalent to a percentage specified in the corresponding entry in column (3) of the said Table, of the amount charged by such service provider for providing the said taxable service, unless specified otherwise, subject to the relevant conditions specified in the corresponding entry in column (4) of the said Table, namely;-
Table
Sl.
No.
Description of taxable
service
Percent-
age
Conditions
(1)
(2)
(3)
(4)
1
Services in relation to financial leasing including hire purchase
10
Nil.
2
Transport of goods by rail
30
Nil.
3
Transport of passengers, with  or without accompanied belongings by rail
30
Nil.
4
Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises ( including hotel, convention center, club, pandal,shamiana or any other place, specially arranged for organizing a function) together with renting of such premises
70
(i) CENVAT credit on any goods classifiable under Chapters 1 to 22 of the Central Excise Tariff Act, 1985 (5 of 1986) used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
5
Transport of passengers by air, with or without accompanied belongings
40
CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
6
Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes.
60
Same as above.
7
Services of goods transport agency in relation to transportation of goods.
25
CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
8
Services provided in relation to chit
70
Same as above.
9
Renting of any motor vehicle designed to carry passengers
40
Same as above.
10
Transport of goods in a vessel
50
Same as above.
11

Services  by a tour operator in relation to,-
(i)  a package tour
25
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii) The bill issued for this purpose indicates that it is inclusive of charges for such a tour.
(ii)  a tour, if the tour operator is providing services solely of arranging or booking accommodation for any person in relation to a tour

10
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii) The invoice, bill or challan issued indicates that it is towards the charges for such accommodation.
(iii) This exemption shall not apply in such cases where the invoice, bill or challanissued by the tour operator, in relation to a tour, only includes the service charges for arranging or booking accommodation for any person and does not include the cost of such accommodation.
(iii) any services other than specified at (i) and (ii) above.
40
(i) CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii)The bill issued indicates that the amount charged in the bill is the gross amount charged for such a tour.
12.
Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority
25
(i) CENVAT credit on inputs used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii)The value of land is included in the amount charged from the service receiver.



Explanation. –

A.     For the purposes of exemption at Serial number 1 -

                        (i)      The  amount charged shall be an amount, forming or representing as interest, i.e. the difference between the installments paid towards repayment of the lease amount and the principal amount contained in such installments;

                      (ii)      the exemption shall not apply to an amount, other than an amount forming or representing as interest, charged by the service provider such as lease management fee, processing fee, documentation charges and administrative fee, which shall be added to the amount calculated in terms of (i) above.


B.     For the purposes of exemption at Serial number 4 -

The amount charged shall be the sum total of the gross amount charged and the fair market value of all goods and services supplied in or in relation to the supply of food or any other article of human consumption or any drink (whether or not intoxicating) and whether or not supplied under the same contract or any other contract, after deducting-

(i) the amount charged for such goods or services supplied to the service provider,  if any; and
(ii)  the value added tax or sales tax, if any, levied thereon:             
         Provided that the fair market value of goods and services so supplied may be determined in accordance with the generally accepted accounting principles.           
       C.  For the purposes of exemption at Serial number 12 –
      The amount charged shall be  the sum total of the  amount charged for the service including the fair market value of all goods and services supplied by the recipient(s) in or in relation to the service, whether or not supplied under the same contract or any other contract, after deducting-

(i) the amount charged for such goods or services supplied to the service provider, if any; and
(ii) the value added tax or sales tax, if any, levied thereon: 
  Provided that the fair market value of goods and services so supplied may be determined in accordance with the generally accepted accounting principles.           
 2.   For the purposes of this notification, unless the context otherwise requires,-

a.       “chit” means a transaction whether called chit, chit fund, chitty, kuri, or by whatever name by or under which a person enters into an agreement with a specified number of persons that every one of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical installments over a definite period and that each subscriber shall, in his turn, as determined by lot or by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to a prize amount,

b.      "package tour" means a tour wherein transportation, accommodation for stay, food, tourist guide, entry to monuments and other similar services in relation to tour are provided by the tour operator as part of the package tour to the person undertaking the tour,
c.       “tour operator” means any person engaged in the business of planning, scheduling, organizing, arranging tours (which may include arrangements for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours,
3.  This notification shall come into force on the 1st day of July, 2012.
[F.No. 334 /1/ 2012-TRU]

(Rajkumar Digvijay)
Under Secretary to the Government of India 

 Download Excel based Return  form for July,12 to Sep 2012 (Click Here)

What will happen if the effective rate of service tax changes before or after rendering of a service [rule 4]

Saturday, May 11, 2013 | comments

When there is a change in effective rate of service tax in respect of a service, the point of taxation shall be determined in the following manner:


Case 1: Where a taxable service has been provided before the change in effective rate of tax

  Situation
 Point of Taxation 
 Rate of service Tax 
  1
Invoice issued after change in rate 
Payment received after change in rate 
Date of payment or the date on which the invoice has been issued, whichever is earlier 
  New rate
  2 
Invoice issued prior to change in rate
Payment received after change in rate  
Date on which the invoice has been issued
  Old rate
  3.
Payment received before change in rate 
Invoice issued after change in rate 
Date when the payment has been received 
  Old rate

 Case 2: Where a taxable service is provided after the change in effective rate of tax


 Situation
  Point of Taxation 
  Rate of service Tax
  1
Payment received after change in rate 
Invoice issued prior to change in rate 
Date of payment, even though the payment is subsequent to date of invoice
 New rate
  2  
Invoice issued before change in rate
Payment received before change in rate
Date when invoice was issued or the payment was received, whichever is earlier 
 Old rate
  3.
Invoice issued after change in rate
Payment received before change in rate
Date on which the invoice is issued even though the payment is received before the date of invoice
 New rate 

 Note: If any two of the following three events take place before the change in the effective rate of tax, the old rate of service tax shall apply:

  1. Date of taxable service provided
  2. Date of invoice
  3. Date of payment 

 
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