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        News and Press Release

        Changes Made in Service Tax - Procedural Changes - Through Finance Bill

        March 4, 2008

        📋
        Contents
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        Sr.No.

        Changes

        Effective Date

        1

        Section 67 - Amendment - Valuation

        'book adjustment, and any amount credited or debited, as the case may be, to any account, whether called "Suspense account" or by any other name, in the books of account of a person liable to pay service tax, where the transaction of taxable service is with any associated enterprise.';

        Date of enactment of Finance Bill, 2008

        2

        New Section 71 -

        Scheme for submission of Returns through Service Tax Preparers

        -do-

        3

        New Section 72 -

        Best Judgment Assessment can be made if:

        - assessee fails to file the return

        - having made a return, fails to assess the tax in accordance

        -do-

        4

        Section 77 - Amendment - Penalty

        (A) Failure to Get Registered Minimum Rs. 5000/- Or Rs. 200/- per day, whichever is higher Maximum - No limit

        (B) Fails to keep, maintain or retain books of account Maximum Rs. 5000/-

        (C) Furnish information or Produce Document or Appeal before officer against summon Minimum Rs. 5000/-Or Rs. 200/- per day, whichever is higher Maximum - No limit

        (D) Fails to make payment electronically Maximum Rs. 5000/-

        (E) Failure related to Invoice Maximum Rs. 5000/-

        (F) Residual Penalty Maximum Rs. 5000/-

        -do-

        6

        Section 78 - Amendment - Penalty

        When a penalty is levied u/s 78 no penalty would be levied u/s 76

        -do-

        7

        Section 83 - Extention of Section 35FF of Central Excise Act to the Service Tax -

        Interest on delayed refund of amount deposited under the proviso to section 35F.

        -do-

        8

        Section 86 - Amendment

        Review of order of Commissioner and Commissioner (Appeals) by the committee of commissioners

        -do-

        Service tax valuation changes expand related party accounting adjustments and add procedural, assessment and penalty reforms. Amendments treat book adjustments and amounts credited or debited in a taxable person's accounts in transactions with an associated enterprise as part of service tax valuation. New provisions create a returns submission scheme via service tax preparers and permit best judgment assessment where returns are missing or incorrect. Penalty provisions are restructured to address registration, recordkeeping, document production, electronic payment, invoicing and residual defaults and to limit concurrent penalties; interest on delayed refunds is extended to service tax and a committee review of Commissioner orders is introduced.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Service tax valuation changes expand related party accounting adjustments and add procedural, assessment and penalty reforms.

                                Amendments treat book adjustments and amounts credited or debited in a taxable person's accounts in transactions with an associated enterprise as part of service tax valuation. New provisions create a returns submission scheme via service tax preparers and permit best judgment assessment where returns are missing or incorrect. Penalty provisions are restructured to address registration, recordkeeping, document production, electronic payment, invoicing and residual defaults and to limit concurrent penalties; interest on delayed refunds is extended to service tax and a committee review of Commissioner orders is introduced.





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                                ActsIncome Tax
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