Monday, September 15, 2008

CLARIFICATION ON SERVICE TAX LIABILITY - IMPORT OF SERVICES

In a significant ruling, the larger Bench of the Delhi Income-Tax has held that service tax liability
of the recipient of a taxable service who receives such service in India from a non- resident, commences from January 1, 2005 and not since August 16, 2002. The tribunal held that a definition clause cannot be read as a substantive provision creating a liability in a tax statute. As the taxable
services were only notified through Jan 1, 2005 notification, the recipient could be made liable to tax from that date alone.

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