what are the implications of POT rule 4 and 5, after introduction of sec.67A?
4 Replies
Manoj Agarwal
(Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com)
(3456 Points)
Replied 20 March 2013
Section 67A is a statutory provision and it prevails over POT Rules, 2011 in case of any conflict.
Also note, Rule 5B of Service Tax Rules, 1994 has been omitted w.e.f. 01-07-2012.
Vikas
(CA)
(1135 Points)
Replied 20 March 2013
Dear Arvind,
There is no conflict between Rule 4 &5 and the Sec.67A. Please specifically provide explain your query.
Aravind..
(CA)
(1262 Points)
Replied 20 March 2013
Pls clarify on this sir...
/forum/sec-67a-and-pot-rule-5-new-levy-243153.asp#.UUmfoJBTApk
The issue that is say is that, shouls POT be determined as per rule 4, even if rate is determined by 67A.
Again, when service is rendered before first time levy, the rate for that serice tax will be zero. Hence, My point is that if service is rendered before a new levy, eventhough payment is recived after new levy, it wont be taxed, because as per 67A rate revailing on date of provision is relevant.
Manoj Agarwal
(Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com)
(3456 Points)
Replied 27 March 2013
Dear Arvind,
Kindly read my Article named Section 67A - Analysis with respect to Point of Taxation Rules, 2011 and revert. The Article contains my views based on Explanatory Memorandum to Union Budget 2012-13.
/articles/section-67a-analysis-with-respect-to-point-of-taxation-16570.asp
Regards,
tax2001-it @ yahoo.com
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