Service tax exemption

Amit Anand (Querist) 05 October 2011 This query is : Resolved

Hi,

I run a HR Search firm as a proprietor. Would I be exempt from service tax as I am Disabled and have the original certificate from a Govt hospital.

Am I also levy for any other benefits.

Look forward to you hearing from you

Regards
Amit Anand

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prabhakar singh (Expert) 05 October 2011
Service tax is not being imposed on you rather it is being imposed on those taking the service ,you are simply under law bound to collect and deposit it in head assigned for.Hence neither any exemption is available
nor should you expect for.

You should ,if you at all,expect for rebate of those taxes that can or being directly imposed upon you.For instance income tax would be imposed on you directly.Hence here EXEMPTIONS ARE AVAILABLE TO YOU UNDER SECTION 80 U OF INCOME TAX ACT DEPENDING UPON PERCENTILE CERTIFICATED,IF BEING 80%OR MORE YOU SHALL
BE ILLEGIBLE TO DEDUCT UP TO ONE LAKH FROM YOUR TAXABLE INCOME IN OTHER CASES WHERE DISABILITY IS NOT SEVERE BUT LESS THAN 80% THE DEDUCTION AVAILABLE FOR THIS FINANCIAL YEAR IS 75000/=

Raj Kumar Makkad (Expert) 05 October 2011
You are not entitled for the exemption of service tax on the ground you asked.

ajay sethi (Expert) 05 October 2011
agree with experts

R.Ramachandran (Expert) 05 October 2011
Yes, there is no exemption from payment of service tax in the facts revealed by you.

A V Vishal (Expert) 05 October 2011
1. What is your gross receipts?

R.RAJENDRAN (Expert) 06 October 2011
There is notification issued by the Government of India exempting the disabled from service tax liability.
It is a political decision to grant exemption. In this line, you can take action in the interest of physically challenged persons.