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Definition of Governmental Authority amended for exemption from Service Tax

Date 01 Feb 2014
Replies1 Reply
Written by
Governmental authority definition expanded, widening the scope of entities eligible for service tax exemption.
The amendment broadens the definition of Governmental Authority for service tax exemption to include (a) any authority, board or body set up by an Act of Parliament or a State Legislature, and (b) any authority, board or body established by Government with government participation by way of equity or control, where such entities carry out functions entrusted to a municipality, thereby removing the prior combined requirement of both legislative creation and government equity/control. (AI Summary)

Dear Professional Colleague,

Definition of Governmental Authority amended for exemption from Service Tax

Notification No. 02/2014-ST dated January 30, 2014 (“the Notification”) has amended the definition of Governmental Authority as provided under clause (s) of Para 2 of the Mega Exemption Notification No. 25/2012-ST dated June 20, 2012 as under:

(s) “Governmental authority” means an authority or a board or any other body;

(i)  set up by an Act of Parliament or a State Legislature; or

(ii) established by Government, with 90 percent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243W of the Constitution.

Earlier, the “Governmental authority” was defined as under:

“Governmental authority’’ means a board, or an authority or any other body established with 90 percent or more participation by way of equity or control by Government and set up by an Act of the Parliament or a State Legislature to carry out any function entrusted to a municipality under article 243W  of the Constitution.

This change is effective from 30th January, 2014.

Point to note:

This amendment has expanded the definition of “Governmental Authority” and widens the exemption base for service tax to be provided even to an authority or a board or any other body, set up by an Act of Parliament or a State Legislature without a condition of established with 90 percent or more participation by way of equity or control by Government.

Hope the information will assist you in your Professional endeavors. In case of any query/ information, please do not hesitate to write back to us.

Thanks & Best Regards
 
Bimal Jain
FCA, FCS, LLB, B.Com (Hons)

F-30/31/32, Pankaj Grand Plaza

1st Floor, Mayur Vihar, Phase–I, Delhi – 110091 India

Desktel: +91-11-22757595

Mobile:+91 9810604563

Email: bimaljain at the rate of hotmail.com

Disclaimer: The contents of this document are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the authors nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this document nor for any actions taken in reliance thereon.

Readers are advised to consult the professional for understanding applicability of this newsletter in the respective scenarios. While due care has been taken in preparing this document, the existence of mistakes and omissions herein is not ruled out. No part of this document should be distributed or copied (except for personal, non-commercial use) without our written permission.

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