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         Extract of Finance Act,1994
 

Extract of Finance Act, 1994 (32 of 1994) (as amended)
regarding imposition of Service Tax

 Service tax presently administered under the provisions of Section 64 - 96 of the Finance Act, 1994 as duly amended in 1996, 1997 and 1998 and the Service Tax Rules, 1994. Levy and collection of the tax is handled by the Central Excise Officers, duly authorised for the purpose, in terms of Rule 3 of Service Tax Rules, 1994. Given below are the provisions of Finance Act, 1994 and Service Tax Rules, 1994 in brief.

Finance Act 1994, as amended :

  1. Section 64 specifies the name and extent of the law.
  2. Section 65 deals with the definitions of various services brought under tax net, and the service providers with special reference to taxable services under section 65(41).
  3. Section 66 authorises the levy of service tax.
  4. Section 67 describes value of taxable services.
  5. Section 68 deals with the payment of service tax.
  6. Section 69 refers to registration.
  7. Section 70 enumerates persons responsible for filing the returns.
  8. Section 71 deals with the assessment of service tax returns.
  9. Section 72 provides for best judgment assessment.
  10. Section 73 deals with the value of the taxable service which has escaped assessment.
  11. Section 74 deals with the rectification of mistakes.
  12. Section 75 provides for payment of interest on delayed payment of service tax.
  13. Section 76 - 80 deals with various penalties.
  14. Section 81 deals with offences by companies.
  15. Section 82 authorises search of premises.
  16. Section 83 enumerates the various Central Excise provisions, made applicable to the service tax.
  17. Section 84 provides for appeal to the Commissioner of Central Excise (Appeals).
  18. Section 85 provides for an appeal to the appellate tribunal.
  19. Section 86 describes powers of review, appeal etc.
  20. Section 87 - 92 deals with prosecution (deleted by Finance Act, 1998).
  21. Section 93 provides for issuance of General and specific Exemption notifications.
  22. Section 94 gives powers to make rules.
  23. Section 95 provides power to remove difficulties.
  24. Section 96 provides for making provisions of Limitation Act inapplicable to the service tax provisions.
Service Tax Rules, 1994 :
  1. Rule 1 provides the name and date of Service Tax Rules.
  2. Rule 2 defines the act, assessment, form, half-year and the person responsible for payment of service tax.
  3. Rule 3 deals with appointment of officers.
  4. Rule 4 deals with mode of registration.
  5. Rule 5 deals with records.
  6. Rule 6 describes manner of payment of service tax.
  7. Rule 7 refer filing of Returns.
  8. Rule 8 provides for the form of appeal to Commissioner of Central Excise (Appeal).
  9. Rule 9 provides for the form of appeals to appellate tribunal.
A number of provisions of Central Excise Act, 1944 have been
made applicable to service tax provisions. They are indicated
below in brief :
  1. Section 9C - Presumption of culpable mental state.
  2. Section 9D - Relevancy of statements under certain circumstances.
  3. Section 11 - Recovery of sums due to Government.
  4. Section 11B - Claim for refund of duty.
  5. Section 11BB - Interest on delayed refunds.
  6. Section 12A - Price of goods to indicate the amount of duty has been paid thereon.
  7. Section 12B - Presumption that incidence of duty has been passed to the buyer.
  8. Section 12C & 12D - Consumer Welfare Fund and its utilisation.
  9. Section 12E - Power of Central Excise Officers.
  10. Section 14 - Power to summon person to give evidence and produce document in enquiries under this Act.
  11. Section 15 - Officer required to assist Central Excise Officer.
  12. Section 35F - Deposit pending appeal of duty demanded or penalty levied.
  13. Section 35G to 35O - Provisions relating to High Court & Supreme Court.
  14. Section 35Q - Appearance by authorised representative.
  15. Section 36A & 36B - Presumption as to documents and admissibility of microfilms, etc. as evidence.
  16. Section 37A - Delegation of powers.
  17. Section 37B - Instruction to Central Excise Officers.
  18. Section 37C - Service of decisions, orders & summons, etc.
  19. Section 37D - Rounding off of duty, etc.
  20. Section 40 - Protection of action taken under this Act.
For details, concerned status may be referred to.
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