Why Service tax not implement from same date?

[Mridul Sethi]

Sir,

 

What is the reason that central excise duty implement for the next day of its budgets announcement & service tax implements later, most probably from 1st April.

 

Regards,

Mridul Sethi

[rajkumar shukla]

The provisional collection of Taxes Act enables the govt to implement  IMPOSITION OR INCREASE IN DUTY OF EXCISE AND CUSTOMS (note: the Act applies only for "increase", and not for "decrease" , in duty of Excise & Customs. Further, it also does not apply on Service Tax, either for its increase or its decrease) from the midnight of day when a finance bill is presented in the parliament by virtue of a declaration made under section 3. please note that, up till now, since the said Taxes Act is not made applicable to Service Tax sector hence Service tax provisions can be effective only after Finance bill is enacted.

                hope that answers your question.

[vasudevan unnikrishnan]

Pl. note that the Budget will contain a notification issued under the 'provisional collection of taxes act' which will be enlisting the various clauses of the Finance bill that will be having 'immediate effect'.

In the cex and customs rate of change notifications,certain changes in the finance bill,etc will be included in the above notification.Some cex -cus changes also will have effect from specified dates only.

In service tax matters,the changes in classification,new services etc are introduced thro' the finance bill,which will be effective afetr becoming actand there even, it would have mentioned that 'these changes will be effective from the date to be notified for the purpose'. thus the changes in ST are effective from specified dates or date of enactment of Finance ACT of respective years.

AI Summary

Provisional collection of taxes enables immediate excise and customs increases, while service tax changes await enactment or notified dates. The Provisional Collection of Taxes Act allows excise and customs increases to take effect immediately upon presentation of the Finance Bill via a declaration under section 3, but that Act does not apply to service tax; service tax changes become effective only after the Finance Bill is enacted or from dates specifically notified.