Service Tax Form


            

Service Tax is pressently administered under the provisions of sections 64-96, i.e. the Chapter V of the Finacne Act 1994 as duly amended and the Service Tax Rules, 1994 as duly amended. Levy and collection of the tax is handled by the Central Excise Officers, duly authorised for the purpose, in terms of Rule 3 of the Service Tax Rules, 1994.         

Sections
Particulars
Section 64
Specifies the name and extent of the law.
Section 65
Deals with the definitions.
Section 65-A
Classicfication of Taxable Services.
Section 66
Levy of Service Tax.
Section 67
Defines the value of taxable services.
Section 68
Deals with the payment of Service Tax.
Section 69
Refers to Registration.
Section 70
Refers to the responsibility for filing the returns.
Section 71
Verification of Tax assessed.
Section 72
Provides for best judgement assessment of the returns.
Section 73
Provides for the situation where the value of the taxable service has escaped assessment.
Section 74
Deals with the rectification of mistakes.
Section 75
Interest on delayed payment of Service Tax.
Section 75-A
Penalty for failure of registration.
Section 76
Imposition of penalty for non-payment of Service Tax.
Section 77

Iimposition of penalty for not filing the return.

Section 78
Imposition of penalty for suppressing correct value of taxable service.
Section 79
Penalty for failure to comply with notices.
Section 80
Deals with circumstances when penalty can be waived.
Section 81
Deals with offence by companies.
Section 82
Authorieses search of premises.
Section 83
Enumerates the various provisions of Central Excise Act, made applicable to the Service Tax.
Section 84
Revision of orders by the Commissioner of Central Excise.
Section 85
Appeals to the Commissioner of Central Excise.(Appeals)
Section 86
Appeals to Appellate Tribunal.
Section 87-92
Dealt with prosecution, (deleted by Finance Act, 1998).
Section 93
Provides for issuance of general and specific exemption notifications.
Section 94
Power to make rules.
Section 95
Power to remove difficulties.
Section 96
Provides for making provisions of Limitation Act inapplicable to the Service Tax provisons
  

Provisions of Central Excise Act, 1944 applicable to Service Tax.

Sections
Particulars
Section 9C
Presumption of culpable mental state.
Section 9D
Relevancy oc statements under certan circumstances.
Section 11
Recovery of sums due to Government.
Section 11B
Claim for refund of duty.
Section 11BB
Interest on delayed refunds.
Section 12A
Price of goods to indicate the amount of duty that has been paid thereon.
Section 12B
Presumption that incidence of duty has been passed to the buyer.
Section 12C & 12D
Consumer Welfare Fund and its utilisation.
Section 12E
Power of Central Excise Officers.
Section 14
Power to summon perosns to give evidence and produce documents in enquiries under tha said Act.
Section 15
Officer required to assist Central Excise Officers.
Section 35F
Deposit pending appeal of duty demanded or penalty levied.
Section 35G TO 35O
Provisions relating to High Court & Supreme Court.
Section 35Q
Appearance by authorised representaives.
Section 36A & 36B
Presumption as to documents and admissibility of microfilms, etc.as evidence.
Section 37A
Delegation of powers.
Section 37B
Instruction to Central Excise Officers.
Section 37C
Service of decisions, orders & summons, etc.
Section 37D
Rounding off of duty, etc.
Section 40
Protection of action taken under the said Act.

 

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