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Issue ID: 2110
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Applicability of Service Tax in Jammu & Kashmi

Date 12 Aug 2010
Replies6 Replies
Views 14480 Views
Exemption of service tax for Jammu and Kashmir means services within its territory fall outside central levy.
Services provided within the territory of Jammu and Kashmir are excluded from central service tax; local taxation regimes, including state sales tax or a J&K GST framework, may instead apply, and services supplied from outside India to recipients in J&K are not subject to central service tax due to the territorial exclusion. (AI Summary)

As per the Service Tax act,Section 64(1), Service tax is not applicable in the state of Jammu & Kashmir. Is Service tax applicable , for the services provided in Jammu & Kashmir from outside india. As per author's openion it is not applicable. Please refer any case law's related to this. Thanks - Srinivas

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Replied on Aug 13, 2010
1. Srini..service tax is applicable in form of sales tax levied by the state government. Life insurnace policies are liable for sales tax in the state of J&K and not service tax.
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Replied on Aug 16, 2010
2. As the service tax is not applicable on the services rendered in Jammu & Kashmir. In this we see towards the destination of services provided, as the Services were rendered in the area where the tax on services is totally exempt, therefore no service tax is levied on the services rendered in Jammu & Kashmir.
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Replied on Aug 16, 2010
3. 1. The service tax as per the provisions of the finance act, 1994 is not applicable to J&K. Hence for services provided within J&K no service tax is applicable 2. The J&K GST Act, was amended and a considerable number of services were brought under its ambit. hence if the service is being provided within the territorial jurisdiction of J&K ( the part controlled by India)then it would be appropriate to go through the provisions of this act and act accordingly. ( insurance, works, etc are under its ambit)
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Replied on Aug 27, 2010
4. i wanted the notification of non applicable of service tax in jammu and kashmir document proof.
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Replied on Aug 29, 2010
5. For levy of service tax on services imported from outside India to Jammu and Kashmir, again we have to look into the provisions of Chapter V of Finance Act, 1994. Section 64(1) excludes j & K for all matters under service tax. Therefore, there is no question of service tax on any service in J & K. Where the provisions of section 64(1) are clear as such, where is the need of any notification?
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Replied on Mar 14, 2012
6.

Hi..........

If a person from Mumbai provide taxable service to   Jammu and Kashmir  , then his   service is taxable or not ?

 

 

Thanks

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