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Service Tax

(Querist) 16 March 2009 This query is : Resolved 
is there any amendment made relating to the service tax. My case is that I am a licensee and my licensor has informed me that there is some change in the service tax which I have to pay to him. Could you please give me the relevant section for service tax relating to the Leave and Licence Agreeement which is for commercial purpose.

Also if there is any amendement then the Circular No. and date.
Please, will be obliged.
Ashok Kumar Garg (Expert) 16 March 2009
If you have hired the accomodation for commercial use, you are required to pay service tax. This amendement is not of this yera but earlier.

However , if you are rendering services to others which are liable to service tax , you can claim set off of the service tax so paid under Cenvat Rules.
Give Some details about your doubt.
adv. rajeev ( rajoo ) (Expert) 17 March 2009
I agree with sri ashok
Legal Eagle (Querist) 17 March 2009
Thank you all. However, I have been informed that in January there has been a Circular whereby the Service Tax has been reduced. I want to verify whether it is correct. Also which would be an appropriate free site to check it. Will this Circular be available in the Gazette office. Also which section do I have to refer to?
A. A. JOSE (Expert) 17 March 2009
You may search from Taxman.
A V Vishal (Expert) 17 March 2009
Subject : Service Tax
Circular Date : 24 Feb 09
Topic : Service Tax Rate Reduced from 12 to 10 percent
Circular Details :


Dated: February 24, 2009

Subject: Service tax rate reduced from 12 to 10 percent

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts all the taxable services specified in sub-section 105 of section 65 of the Finance Act from so much of service tax leviable there on under section 66 of the Finance Act, as is in excess of the rate of ten per cent of the value of taxable services.

F. No. 354/210/2008-TRU (part)

(Unmesh Sharad Wagh)
Under Secretary to the Government of India
A V Vishal (Expert) 17 March 2009
The above notification can be procured from
Legal Eagle (Querist) 18 March 2009
Thank you everybody, especialy A.V. Vishal.
Hiralal Das (Expert) 04 April 2009
Thanks all of you. I agree with the opinions of my learned members friend. You may follow them which should the proper ways to solve the problem.
Sachin Bhatia (Expert) 10 October 2009
well explained by Mr. Vishal
Raj Kumar Makkad (Expert) 12 October 2009
Agreed with vishal.

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