Arun Goyal | 07 Nov, 2006
The Department of Revenue amended the Service Tax Rules 1994 on 3
November 2006 to simplify the procedure for service tax. A system of
centralized registration for service taxpayers who provide services
from multi-location is now in place. Centralized registrations is
granted by the Commissioner or the Chief Commissioner of Central Excise
or DG Service Tax, depending on the location of premises where
centralized billing or accounting system is maintained or the place
from where the taxable service is provided. Thus a large consultancy
organization can choose to register its billing section in the main
office or the place from where the main service is provided as
convenient. The Government is keen to facilitate service tax payment
and the service tax registration now is a matter of choice of the
assessee and not the department.
The
Service Tax Rules were also amended to extend the facility of
centralized registration to any person liable to pay service tax. Those
who pay service tax for the supplier for example, an importer of
services who pays for the service provider abroad can also avail of new
central registration facility.
There is no change in the rules for maintaining records by the service
providers. The centralization is only for payment. The system of audit
also continues as before.
Distilleries to pay service tax: The nuisance of service tax is
extending its reach to new areas. The latest is a convoluted
interpretation of the excise act to say that liquor distilleries are
liable to service tax for the activity of distillation. The product of
distillation, that is, the liquor is liable to state excise hence the
Centre can charge separately for the distillation service, says North
Block. The unique interpretation of services in manufacturing is, as of
now, only in the form of a draft circular for public comment but the
North Block bureaucracy has full intentions of converting the draft
into an official circular.
The same activity is being taxed several times from different view
points only to extract money. Simultaneously, the Department is
spending crores on advertisements to educate the assessee to pay
service tax as a national duty to providing public goods services. The
rule of law should prevail for both assesses as well as the Government
of the day and hair splitting to earn revenue should not be allowed.
IIMs too must pay up: Another circular on service tax was issued on 1
November to take the IIMs and IITs off the hook for service tax on
placement services before 1 May 2006. However, the issue of charging
service tax for the current season after May 2006 has been left to the
jurisdiction Commissioner of Excise.
The learned officers of CBEC are not clear whether the IIMs are a
manpower supply agency or institutions to provide quality management
education in which placement services are provided to interested
students as a measure of goodwill by the student bodies themselves. The
provision to placement is not a part of the contract with the student
nor is providing a job to the graduating students an obligation.
There is no limit on the insults to institutes of national importance
by the service tax facilities. At this rate, the transfer and posting
department of the North Block to be liable to tax for notional value of
the services rendered! The IIMs must now maintain detailed records of
their phone and internet bills to set off the expenses charged to
companies for “supply of students” to guest companies. (The individual
consumer who buys a mobile card has no set off on the service tax paid
on the land line bills. He is the worst sufferer in the oppressive
service tax regime).