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No Service tax on schooling arrangement

Subodh Sharma
Service Tax Applies to Most Services Under Section 66B; Renting Property Taxed Under Section 66E Under Section 66B of the Act, all services in the taxable territory, except those on the negative list, are subject to service tax. 'Service' is defined as an activity carried out by one person for another for consideration. Renting of immovable property is a declared service under Section 66E, broadly defined to include letting, leasing, and similar arrangements. The article's focus on schooling arrangements and their tax implications is unclear, as noted by several commentators, who highlight the incomplete nature of the discussion and the lack of clarity regarding the taxation of schooling services. (AI Summary)

It may be noted that under Section 66B of the Act, all services provided or agreed to be provided in the taxable territory except the services specified in the negative list of services are chargeable to service tax. The term ‘service’ has been defined in Section 65B(44) of the Act to mean an activity carried out by one person for another for consideration.

Renting of immovable property services have been included in the list of declared services under Section 66E of the Act

The term ‘renting’ has been defined in Section 65B(41) of the Act in very wide terms to mean allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property. It further includes arrangements in the nature of letting, leasing, licensing or other similar arrangements in respect of immovable property.

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