Meaning of resident public limited company under Service Tax

Public limited company” shall have the same meaning as is  assigned to “public company” in clause (iv) of sub-section (1) of  section 3 of the Companies Act, 1956 (1 of 1956) and shall include a  private company that becomes a public company by virtue of
section 43A of the said Act;
(b) “resident” shall have the same meaning as is assigned to it in  clause (42) of section 2 of the Income-tax Act, 1961 (43 of 1961) in  so far as it applies to a company.

Service Tax Notification No.4/2013 Dated 1st March, 2013

G.S.R….(E)- In exercise of the powers conferred under sub-clause (iii) of  clause (b) of section 96A of the Finance Act, 1994 (32 of 1994), the Central  Government hereby specifies “the resident public limited company” as class of  persons for the purposes of the said clause.

Explanation.- For the purposes of this notification,-
(a) “public limited company” shall have the same meaning as is  assigned to “public company” in clause (iv) of sub-section (1) of  section 3 of the Companies Act, 1956 (1 of 1956) and shall include a  private company that becomes a public company by virtue of
section 43A of the said Act;
(b) “resident” shall have the same meaning as is assigned to it in  clause (42) of section 2 of the Income-tax Act, 1961 (43 of 1961) in  so far as it applies to a company.

Service Tax on restaurant having the facility of airconditioning or central air and Theater

Service Tax is applicable on  Services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, other than those having the facility of airconditioning or central air-heating in any part of the establishment, at any time during the year.

Service Tax is applicable on Services provided by way of temporary transfer or permitting the use or enjoyment of a copyright relating to original literary, dramatic, musical or artistic works of cinematograph films for exhibition in a cinema hall or cinema theatre

Service Tax Notification No.3 /2013 Dated 1st March, 2013

G.S.R….(E)- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied  that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of  Finance (Department of Revenue), No.25/2012-Service Tax, dated the 20th June,  2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide G.S.R. 467 (E), dated the 20th June, 2012, namely:-
In the said notification,-
1. in the opening paragraph,-
(i) in entry 9, for the words “ provided to or by”, the words “provided to ” shall be substituted;
(ii) for entry 15, the following entry shall be substituted, namely:-
“15. Services provided by way of temporary transfer or permitting the use or
enjoyment of a copyright,-
(a) covered under clause (a) of sub-section (1) of section 13 of the Copyright Act, 1957 (14 of 1957), relating to original literary, dramatic, musical or artistic works; or
(b) of cinematograph films for exhibition in a cinema hall or cinema theatre;”;
(iii) for entry 19, the following entry shall be substituted, namely:-
19. Services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, other than those having the facility of airconditioning or central air-heating in any part of the establishment, at any time during the year;”;
(iv) in entry 2o, items (a),(d) and (e) shall be omitted;
(v) for entry 21, the following entry shall be substituted, namely:-“21. Services provided by a goods transport agency, by way of transport in a goods carriage of,-
(a) agricultural produce;
(b) goods, where gross amount charged for the transportation of  goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees;
(c) goods, where gross amount charged for transportation of all  such goods for a single consignee does not exceed rupees seven hundred fifty;
(d) foodstuff including flours, tea, coffee, jaggery, sugar, milk products,  salt and edible oil, excluding alcoholic beverages;
(e) chemical fertilizer and oilcakes;
(f) newspaper or magazines registered with the Registrar of Newspapers;
(g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or
(h) defence or military equipments;”;
(vi) entry 24, shall be omitted;
(vii) in entry 25, in item (b), for the words, “a vessel or an aircraft”, the words “a
vessel” shall be substituted;
2. In paragraph 2 relating to Definitions, in clause (k),-
(a) in sub-clause (iv), the word “or” shall be omitted;
(b) sub-clause (v), shall be omitted; .
3. This notification shall come in to force on the 1st day of April, 2013.

Service Tax Notification No.2 /2013, Dated 1st March, 2013

Service Tax Notification No.2 /2013, Dated 1st March, 2013

G.S.R….(E)- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the  Ministry of Finance (Department of Revenue), No.26/2012-Service Tax, dated  the 20th June, 2012, published in the Gazette of India, Extraordinary, Part II,  Section 3, Sub-section (i), vide number G.S.R. 468 (E), dated the 20th June, 2012,  namely:-
In the said notification, in the TABLE, for serial number 12 and the entries  relating thereto, the following serial number and the entries shall be substituted,  namely:-

“12”

Construction of a complex, building, civil structure or a part thereof,
intended for a sale to a buyer, wholly or partly except where entire
consideration is received after  issuance of completion certificate by
the competent authority,-
(i) for residential unit having carpet area upto 2000 square feet
or where the amount charged is  less than rupees one crore;
(ii) for other than the (i) above

“25 and 30”

(i) CENVAT credit on inputs used for providing  the taxable service has not  been taken under the  provisions of the CENVAT Credit Rules, 2004;
(ii) The value of land is included in the amount  charged from the service receiver.”.

Form ST- 3 for the period between the 1st day of July 2012 to the 30th day of September 2012

Service Tax Notification No.  01/2013 dated  22nd February, 2013

G.S.R (E).-In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 94 of the Finance Act, 1994 ( 32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994,  namely:-

 

1.        (1) These rules may be called the Service Tax ( Amendment) Rules, 2013.

(2)  They shall come into force on the date of their publication in the Official Gazette.

 

2.      In the Service Tax Rules, 1994, –

(a) in rule 7, in sub-rule (2), after the proviso, the following proviso shall be inserted, namely:-

 

“ Provided further that the Form ST- 3 for the period between the 1st day of  July 2012  to the 30th day of September 2012, shall be submitted by the 25th day of March, 2013”;

 

(b)   for Form ST-3, the following Form shall be substituted, namely:-

“FORM ST-3”

(Return under section 70 of the Finance Act, 1994 read with rule 7 of Service Tax Rules, 1994)

(Please see the instructions carefully before filling the Form)

 

PART-A GENERAL INFORMATION

DOWNLOAD ST -3 FORM