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    CircularsService Tax
    How will the SBC be calculated for services under reverse charge mechanism?
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    Whether SBC is a ‘Cess’ on tax’ and we need to calculate SBC @ 0.50% on the amount of service ...
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    CircularsService Tax
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    Swachh Bharat Cess reverse charge shifts liability to the service recipient, applying existing reverse charge notifications mutatis mutandis.
    Swachh Bharat Cess for services under reverse charge is payable by the service recipient: Chapter V provisions apply to SBC, and government notification makes the existing service tax reverse charge notification applicable to SBC mutatis mutandis, so recipients compute and discharge SBC under the same reverse charge rules.
    CircularsService Tax
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    Swachh Bharat Cess: not levied on service tax but imposed on the value of taxable services.
    The Swachh Bharat Cess is not a cess on service tax but is imposed as a separate charge measured on the value of taxable services, rather than being calculated on the amount of service tax as was done for Education Cess and SHE Cess.
    CircularsService Tax
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    Service tax plus Swachh Bharat Cess yields a combined rate after SBC introduction, affecting taxable services.
    The operative tax burden on taxable services equals the prevailing service tax rate plus the Swachh Bharat Cess, expressed in the FAQ as an additive formula (for example, service tax rate plus 0.5% SBC) to determine the overall effective rate after SBC's introduction.
    CircularsService Tax
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    Separate accounting code for Swachh Bharat Cess to be notified, creating distinct heads for collection, receipts, penalties and refunds.
    Separate accounting codes for the Swachh Bharat Cess will be notified in consultation with the Principal Chief Controller of Accounts, establishing distinct minor head classifications to record cess Tax Collection, Other Receipts, Penalties and Deduct Refunds with corresponding numeric codes for government accounting.
    CircularsService Tax
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    Swachh Bharat Cess must be shown separately on invoices and accounted for independently from service tax.
    Swachh Bharat Cess (SBC) is levied independently of service tax and must be charged, collected and paid separately; it should appear as a distinct line item on invoices (may be shown after service tax), be accounted for separately in books of account, and remitted under a separate accounting code, with treatment similar to education cesses.
    CircularsService Tax
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    Swachh Bharat Cess calculation mirrors service tax and is levied on the identical taxable value.
    The Swachh Bharat Cess is computed using the same methodology as service tax and is levied on the identical taxable value applied for service tax, with no separate valuation base or distinct computation formula for the Cess.
    CircularsService Tax
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    Proceeds of Swachh Bharat Cess credited to Consolidated Fund of India, usable after parliamentary appropriation for sanitation initiatives.
    Proceeds of the Swachh Bharat Cess are to be credited to the Consolidated Fund of India, and after parliamentary appropriation the Central Government may utilise such sums for financing and promoting Swachh Bharat initiatives or for related purposes.
    CircularsService Tax
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    Swachh Bharat cess imposed to finance and promote sanitation initiatives, obliging service providers to collect and remit the levy.
    Imposition of Swachh Bharat Cess is a statutory levy on taxable services to generate revenue expressly for financing and promoting Swachh Bharat initiatives and related purposes, creating an obligation on service providers to collect and remit the cess so funds are available for the designated sanitation objectives.
    CircularsService Tax
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    Swachh Bharat Cess on exempted and negative list services is not leviable under the FAQ circular.
    The circular clarifies that Swachh Bharat Cess is not leviable on services which are fully exempt from service tax and on services covered by the negative list, limiting the cess's chargeability to taxable services only.
    CircularsService Tax
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    Swachh Bharat Cess implementation date fixed as 15 November 2015 under notification appointing its commencement.
    The Central Government appointed 15 November 2015 as the date on which provisions of the Swachh Bharat Cess come into effect, by notification No.21/2015 Service Tax dated 6 November 2015.
    CircularsService Tax
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    Swachh Bharat Cess applies as a service cess on taxable services, increasing service tax liability and compliance obligations.
    Swachh Bharat Cess is a statutory cess levied as a service cess under Chapter VI of the Finance Act, 2015, imposed on all taxable services and collected in accordance with the Act's levy and collection provisions, thereby increasing service tax liability and requiring compliance with service tax accounting and remittance rules.
    ManualsIncome Tax
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    Advance Pricing Agreement requires modified returns and extends reassessment deadlines for affected assessment years by tax authorities.
    Entry into an Advance Pricing Agreement fixing the arm's length price requires the taxpayer to file a modified return for each affected assessment year within three months from the end of the month in which the APA is executed. If an assessment was already completed, the Assessing Officer must reassess under the APA and complete that reassessment within one year from the end of the financial year in which the modified return is filed. If the assessment was pending, the Assessing Officer may complete it within an extended timeframe permitted for APA-related assessments.
    ManualsIncome Tax
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    PAN requirement for life insurance premium payments: quoting PAN mandatory when annual premiums meet statutory threshold.
    A payer must quote PAN when annual payments of life insurance premium to an insurer aggregate to Rs. 50,000 or more, the aggregation determining whether the PAN quoting obligation is triggered as a compliance mechanism for identification and reporting of premium payments.
    ManualsIncome Tax
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    PAN requirement for mutual fund and share deposits triggers mandatory identification and reporting when payments reach the statutory threshold.
    Quoting a Permanent Account Number (PAN) is mandatory for deposits into mutual funds and for share purchases when the payment amount is fifty thousand rupees or more, under the PAN provisions and implementing rules governing income-return and reporting obligations.
    ManualsIncome Tax
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    PAN requirement for foreign travel payments: cash disbursements above prescribed limit require PAN for travel, tour, or currency purchases.
    A PAN must be furnished where a single-instance cash payment connected with travel to a foreign country exceeds the prescribed cash threshold; this covers cash payments for fare, payments to travel agents or tour operators, payments to authorized persons under foreign exchange law, and purchases of foreign currency, while excluding travel to neighbouring countries and specified pilgrimage locations.
    ManualsIncome Tax
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    Permanent Account Number requirement: PAN is mandatory for opening bank accounts under income tax rules with no monetary threshold.
    Permanent Account Number (PAN) is mandatory for opening a bank account under the income tax statutory framework and implementing rules; the requirement applies generally and the source does not specify any monetary threshold limiting the obligation, reflecting PAN's function as an identification and compliance mechanism in return of income and assessment procedure contexts.
    ManualsIncome Tax
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    PAN requirement for securities transactions mandates furnishing PAN for deposits exceeding prescribed threshold to enable identity verification.
    A PAN furnishing requirement applies to sale and purchase of securities: where consideration in a securities transaction exceeds the statutory high-value threshold, the person transacting must furnish their Permanent Account Number to the counterparty, implementing identity verification and enabling tax reporting obligations under the income-tax rules.
    ManualsIncome Tax
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    PAN requirement for time deposits: PAN must be furnished when a time deposit exceeds the prescribed regulatory threshold.
    A PAN must be furnished when a depositor makes a time deposit with a bank, banking company, or banking institution that exceeds the prescribed monetary threshold; this imposes an identification and reporting obligation under the income tax PAN provisions and rules.
    ManualsIncome Tax
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    PAN requirement for immovable property transactions: PAN must be furnished where property value meets the statutory threshold.
    A Permanent Account Number (PAN) must be furnished for sale or purchase of immovable property when the transaction reaches the statutory value threshold, as part of PAN-related obligations in return of income and assessment procedure; this requirement applies to parties to the transaction to ensure tax documentation and compliance.
    ManualsIncome Tax
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    Right to file revised return: no prior permission required and permission-application cannot substitute for revision.
    No prior permission is required to file a revised return; the assessee has a right to submit a revised return. An application framed as seeking permission to revise the originally filed return cannot be treated as, or substitute for, a valid revised return, and therefore does not meet the statutory mechanism for revision.

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      VAT / Sales Tax

      Classification of goods - Impact of use of punctuation mark

      19 October, 2016

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      While deciding the issue of classification of goods being rexine cloth under the Schedule B of the Haryana Value Added Tax Act, 2003, in the case of Jasch Plastics India Ltd. Versus The State of Haryana - 2016 (9) TMI 1083 - PUNJAB AND HARYANA HIGH COURT, honorable High Court has observed that,

      "Once a punctuation mark has a specific meaning, it has to be given effect to. It cannot be treated as otiose. Meaning thereby, there is a break in sentence at that stage. It is also evident from a plain reading of the entry itself, which uses the word 'and' in between “leather cloth” & “inferior or imitation leather cloth ordinarily used in book binding”. Thereafter, punctuation mark “colon” has been used, which is followed by other types of goods mentioned therein by using the word 'or' therein and finally using the word 'and' with a condition that additional excise duty in lieu of sales tax is levied on them. In case, there is a break in sentence, then certainly the condition of levy of additional excise duty in lieu of sales tax will not be applicable to the goods mentioned in the first part thereof. The entry can be read as “leather cloth and inferior or imitation leather cloth ordinarily used in book binding” and “rubber used tissue or synthetic water tissue or synthetic water-proof fabrics whether single textured or double textured and book-binding cotton fabrics provided additional Excise Duty in lieu of sales tax is levied on them”. The manner in which the entry was there before substitution w.e.f. 30.6.2005 is also supportive of this view, as in the entry as existed earlier, all the goods had been mentioned in a different column, whereas the condition of levy of additional excise duty was mentioned in different column. In that situation, even a break in the sentence may not be important as all the goods mentioned in the entry were required to comply with exceptions and conditions as provided. The observation made by the Tribunal in the order that the matter was never argued in that line is merely to be discarded for the reason that there is no estoppel against the statute. The manufacturers of these products were satisfied as they were being granted exemption from payment of tax. The issue arose only after the additional excise duty in lieu of sales tax was abolished. "

      See:- Jasch Plastics India Ltd. Versus The State of Haryana - 2016 (9) TMI 1083 - PUNJAB AND HARYANA HIGH COURT

       

       

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      ActsIncome Tax