Indirect Taxation Advocate
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Service tax on schooling arrangements may arise when access or occupation of immovable property is permitted for consideration.
Whether schooling arrangements attract service tax is considered against Section 66B's charging provision and definition of "service" in Section 65B(44). Renting of immovable property is a declared service under Section 66E and Section 65B(41) defines "renting" broadly to include permitting access, occupation or use; accordingly, schooling arrangements that involve permitting use or occupation of immovable property for consideration may fall within the declared renting service and be chargeable, subject to factual characterisation. (AI Summary)
Service Tax
Service tax on interest: interest as consideration for loans qualifies for negative-list treatment; delayed-payment interest excluded from taxable value.
Section 66D(n) exempts services of extending deposits, loans or advances only when the consideration is paid by way of interest as defined in section 65B(30); interest relating to activities outside that class remains service-taxable. Under Rule 6(2)(iv) of the Valuation Rules, interest on delayed payment is excluded from taxable value and thus not included in service tax valuation. (AI Summary)
Service Tax