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Eye wash notice of Service Tax

Guest
Service tax discrimination: uneven exemptions for comparable professional representation raise constitutional equality concerns. Notification No. 25 exempts certain accounting and company-secretarial professionals representing clients before statutory authorities, but yields inconsistent coverage because analogous services by lawyers remain exempt while like services by the listed professionals do not, producing service tax discrimination and raising questions about constitutional validity; the author also urges raising the general service-tax exemption threshold to a more realistic level. (AI Summary)

The notification  no. 25, of Service tax  dated July 13, 2006 exempting practicing chartered accountant, a practicing cost accountant and a practicing company secretary representing the client before any statutory authority in the course of proceedings initiated under any law for the time being in force, by way of issue of notice, from the whole of service tax, is an eye wash as still the services provided by lawyers for tax returns preparation and filing of such returns etc are exempted but not for practicing chartered accountant, a practicing cost accountant and a practicing company secretary as such it serves no purpose and service tax is discriminatory as between lawyers and chartered accountants, Cost accountants and company Secretaries  -for a single and similar service one class is exempted from the service tax and not the others. This is unconstitutional and I am sure Courts of law shall strike down it as illegal and ultra vires to the Constitution on this discrimination ground.

Also it is high time that general exemption limit for service tax be raised from Rs. 4 Lakhs to a realistic value of say Rs. 10 Lakhs at least.

MAHESH KAPASI

   Chartered Accountant

M. Com., LL.B., FCA, FICWA, FCS

Ex -Member: AMIMA, AMIBM, ACEA (London), MIIA (U.S.A.)

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