Scope of Auxiliary Services before April 30, 2006

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....cope of Auxiliary Services before April 30, 2006<br> Query (Issue) Started By: - Jignesh Shah Dated:- 27-2-2010 Last Reply Date:- 4-3-2010 Service Tax<br>Got 2 Replies<br>Service Tax<br>Was an individual covered under Business Auxiliary Services before April 30,2006? Friends, can I get a definite Yes or No with reasons? For Service Provider covered under Business Auxiliary Services, the term use....

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....d (till the end of April 30, 2006) was 'Commercial Concern' and not 'any person', which means an individual was outside the Service Tax net at all under that title even after putting a business title. Does it mean that a sole proprietorship even if it us running its business in the name of say 'Excellent Services' was not liable to pay service tax under Business Auxiliary Services before April 30,....

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....2006? As it is a key question, can I expect a definite answer to this? Thanks. Reply By Rama Krishana: The Reply: If you by the circulars and amendments made by the legislature in the service tax provisions, The individual was not liable to service tax under BAS before substitution of "any person" in place of "commercial concern". But the situation may be different in case of proprietorship concer....

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....n. How a person say that a proprietorship concern is not a commercial concern. But you may some cases on this issue (i) 2008 TMI - 30575 - CESTAT, NEW DELHI and (ii) 2009 TMI - 32716 - CESTAT, NEW DELHI Reply By Jignesh Shah: The Reply: Thank You Mr. Rama Krishana. In my view, an individual does not become a commercial concern just by putting business name. The classification is not according to n....

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....ame, trade, turnover etc. An individual remains an individual even after putting the business name which is used for easy reference. Does it depend on how the case is presented and which all judgements we have relied on in presenting the case? Need an opinion on the same.<br> Discussion Forum - Knowledge Sharing ....