About six years ago I had a series of encounters with a Lower Level Service Tax official who troubled us because we refused to bribe. He applied all kinds of tricks and troubled us for almost four years. For example he will keep asking us to submit the same records again and again. He will not admit the income we earned from services rendered in other countries and paid in foreign exchange as exempt from service tax though the rule said this very clearly. He will keep asking for more and more evidence even when we submitted bank statements, letters bills etc. He will pick up small differences in service tax calculations and keep asking us for records etc. It is a series of encounters with him that made me decide that it is not worth working and expanding my consulting business. I realised that I am earning more for the Government. I am happy to earn for it provided I am treated with respect. I discovered that the more taxes you pay and more honest you are the more you are harassed at least by the Service Tax Department. I am giving below a few mails I had written at different points of time. In contrast I must say that I always had positive experiences with the Income tax department. They were reasonably prompt is settling things and never harassed me for paying high tax. On the other hand at one time they were very polite as we were contributing a good deal in the form of Income Tax.
----- Forwarded Message ----
From: Rao TV <talamrao@yahoo.co.in>
To: loksatta_initiative@yahoogroups.com
Sent: Sat, 11 March, 2006 2:15:36 PM
Subject: Re: [loksatta_initiative] Discussions : Corruption.
"K.N. VENUGOPAL" <we_bangalore04@yahoo.co.in> wrote:
To: Sharma Chander Mohan <cms_929@yahoo.co.in>
Sent: Sun, 12 March, 2006 6:59:22 AM
Subject: Re: corruption
Sharma Chander Mohan <cms_929@yahoo.co.in> wrote:
To: loksatta_initiative@yahoogroups.com
Sent: Sat, 18 March, 2006 4:33:23 AM
Subject: Re: [loksatta_initiative] Re: Discussions : Corruption.
Sent: Sat, 18 March, 2006 12:21:19 PM
Subject: Querries on Service Tax
I think the so called civil society representatives are wasting the nation’s time on focussing on issues like whether the PM should be covered or the Mps, IAS officers should be covered etc. JP has already done enough to ensure that corrupt Mps are not elected or even given tickets. Why don't they push it? There is no doubt the more responsible position holders should be above board. However there are many issues that need to be tackled. Corruption is at the core of the country. We make laws that encourage people to be corrupt. For example most of the laws dealing with Income tax, service tax and many other taxes are made in such a way they could be interpreted the way the lower level officer likes and harass the public for money. Mostly they harass the honest people. Corrupt citizens have a way of dealing with corrupt officers. It is only the honest who suffer. Corruption is there in almost all government and Municipal Corporation and other offices that deal with public. If any in my view it is less at the top as at least the top fears that if they are caught they are behind the bars. At lower levels there is no such fear as there are associations and many other interest groups that come to their rescue.
----- Forwarded Message ----
From: Rao TV <talamrao@yahoo.co.in>
To: loksatta_initiative@yahoogroups.com
Sent: Sat, 11 March, 2006 2:15:36 PM
Subject: Re: [loksatta_initiative] Discussions : Corruption.
Appeal to Service Tax Department
Please Don’t Harass Professionals -Honest Tax payers. These are the people who are serving the nation through their services and Taxes.
As new services will come under the purview of service tax many professionals who are well qualified and serving the nation in different capacities will come under the purview-Doctors, Lawers, CAs etc. However the government is not fully and properly equipped to deal with them. If they don’t deploy appropriate manpower and deploy more corrupt officials who don’t understand and appreciate the contribution of these professionals to the government the taxes they pay besides the services they provide to the public we may be driving the country into intellectual bankruptcy. People will be busy paying service tax and delaing with the officals of the service tax department who don't understand the complexity and the nature of activities. For example in HR area if one does not understnad what is 360 Degree feedback he may waste the time of the professional in asking unwarranted questions. To Imagine a doctor spending his time calculating the service tax and dealing with service tax officials who think that very one is corrupt and keep searching for evidence to prove the same is a natioanl wastge of intellectual capital!!!. Some professionals in the recent past had harrowing experiences with them. I hope Loksatta will create a forum of Honest Tax Payers and create public monitoring mechanisms to ensure that what is due to the government goes to the government and corrupt officials don’t harass people who pay their taxes properly and also help in creating a better society for the future.
Citizen’s Code of Conduct For Service Tax Officials
- Please show respect for professioanls and stop harassing honest tax payers as they are earning for you and your salaries also come out of their taxes.
- Please allow them to do their work so that they can do service and pay tax to you.
- Please complete audits on time
- Please don’t ask for same information and documents over and over again
- Please give proper receipts to documents collected.
- Please sign register when you go to the premises of the party
- Please don’t ask honest professionals for bribe – they are already paying for your and other officers salaries through their taxes.
- Please be as honest in serving the Nation as you want the tax payers to be.
- Please remembers the Doctors, Lawyers, Teachers Chartered Accountants, Businessmen are in the process of serving you and the society
- Please don’t disrupt their work. Allow them to work so that they can earn and pay your taxes and contribute to the Nation in many ways.
- Please answer their queries and letters and please clarify their doubts.
- Please don’t quote inappropriate rules to scare them. All of them are not expected to know everything you know just as you don’t know everything about their profession...
- Please don’t treat every one you meet as “Chor” and use abusive language.
"K.N. VENUGOPAL" <we_bangalore04@yahoo.co.in> wrote:
From: Rao TV <talamrao@yahoo.co.in>Sir,I read your memo with great anguish.I do not have any solution to offer. This is just to say I am with youRegards,K.N.VENUGOPAL
Rao TV <talamrao@yahoo.co.in> wrote:I am Chairman of a management consulting Firm. We have been paying our service tax and other taxes regularly and honestly as a Management Consultants. In the year 2003 they introduced service tax for commercial coaching from July 2003. When it was introduced it was said for a long time that this service tax was meant for technical coaching like commercial and secretarial services etc. and they could not clarify it for quite some time (till today) if management training is also covered by it. Our letters to the Commissioner of service tax till today remains unreplied. We wrote to Mumbai Director General and he referred it to the local commissioner in our city and we got no response. However not waiting to get the clarification we started collecting and paying service tax from December 2003. Our service tax has come for audit and we received communication from the local service tax office that we should submit all our accounts for audit purposes. We received two notices from two different officers within a week - one asking to give three year accounts and another asking for the last five years data. Several visits we made to the office the officers concerned were not to be found and no one was willing to accept the accounts documents. We were worried as honest tax payers that we will be unnecessarily harassed for not submitting the accounts while the officers were not to be found. Finally we sent the accounts by registered post. A few weeks after that an officer from the service tax department came to our office and said that he has come to audit. He walked along with another person and did not seem to know anything about the work we do. We had to explain to them for several hours about management consulting, the nature of work we do, give details about different companies we work with and so on. It took a long time explaining to him. He made several trips and we extended all courtesies for lunch tea, his pick up from his office very respectfully as we thought he is serving the nation and we should respect him. There after he kept coming off and on and keeps asking us the same questions again and again. He interviewed some of our employees and wanted to speak on phone to our branch in-charge in another city. Off and on passed on nasty comments about some of our clients like “ Oh company bahut chor hai”. He wanted us to collect certificates from our clients that they have not claimed certain refunds from the service tax department in the city where they are based. We did all that for him. He wanted to see me and when our accountant told him that I am traveling on business, once he threatened that he will conduct raids on us and stop all our work unless I meet him. When I met him he was very polite and asked many questions complimented our work and our sincerity and said he would save us the trouble of having to use a tax consultant and will help us with his advice. I did not understand what he is meaning often. He also would say that he does not expect anything from us in return. Privately apparently he remarked to some of my staff that he will not leave our place without something.He wanted me to pay service tax for the programs conducted between July 2003 and December 2003 for the certificate programs we were conducting some of these programs were announced even prior to the 2003 budget but money collected after the budget. He refused to give anything in writing to that effect. I was advised not to ask for anything in writing as he may get angry and may create more problems. Since the money is only going to government and we can always claim refund we paid promptly nearly to government the service tax a hefty amount including for conferences (which in our view are not covered under commercial coaching) though he never clarified. He said that he is now going to put up the audit report to the Commissioner who will interview us and finalize the report and also pass refunds. This happened in December end. We thought that everything is over and felt relieved. He called us up the other day asking for some more information. This audit is going on for the last six months. We are a small company with just a few professionals and this kind of behavior of government officers is bothering all of us and affecting our work. When our accountant visits the service tax office he warns him not to reveal the identity of the company for which our accountant is working. We are happy to pay whatever is due to the government and we have been paying the same. What we fear is if we have to bribe. Whom so ever I talk to advise us to pay him something and get rid of him. Is this the society we want to leave for the future generations? Is this the kind of government we are paying taxes for? I don’t feel like working any more. The way our FM keeps taxing I feel that there is no point earning and paying a service tax to the government for providing all the pain all the way. I feel that at my age when I should be enjoying life why should I earn for the government? Why is my time being wasted by some young and corrupt officials at lower levels. He is very young man and I don’t know how many more have to suffer in his hands.When I shared this with others like our CA he also told how professionals are being treated badly by this department. Is this the way professionals are being treated in this country by our government? It gives me sleepless nights when I think of this. I don’t want to claim that I am perfect in everything I do. No one can be perfect especially when the government is itself is not clear about what is to be taxed and what is not to be taxed. Even after the law is passed debates goon and our officers interpret the rules as per their wishes. We have not made any mistakes willfully. Is there any one who can help this country?. Is loksatta the agency?. Is it useful to start an Association of Honest Tax Payers and start using Gandhian techniques against corrupt government officials? Some of them seem to operate so cleverly that it is very difficult pin them down.. Can any one help?I am planning that at least in a city where I live to take out a procession of honest tax payers with a list of demands on government officers, though there is a fear of being further harassed. Can loksatta help?
To: Sharma Chander Mohan <cms_929@yahoo.co.in>
Sent: Sun, 12 March, 2006 6:59:22 AM
Subject: Re: corruption
Dear Shri Sharmaji:
Many thanks for your e-mail and for your offer.
Thanks for giving your numebrs. I will contact you to explain my agony and what I am concerned about. I am happy to pay taxes. Government officers should be concerned about collecting more revenue by facilitting honest tax payers to do their work. I will tell you how much time we spent with this officer in the beginning expalining to him all about our work and showing him all our accounts bit by bot for the alst five years. Perhaps he found us to be nice and vulnerable. We have no evidence to pin him down as he would not even acknowledge the reciept of the documents but merely take them away. I think a code of conduct should be put also on the governemnt officials auditing taxes.
Thanks
Rao
Sharma Chander Mohan <cms_929@yahoo.co.in> wrote:
Dear Mr Rao,This is with ref to your mail ragrding corruption and difficutly in Service Tax interpretation.I have reasonable knowledge of the system within the Service Tax department to combat corrupt practices as also for resolving interpretation difficulties.While doing so, I continue my humble efforts, which are prone to misinterpretation, hence I try to keep away from limelight and make silent contribution.I am optmistic and feel within the department there are mechanisms to inculcate confidence building measures.Since I am not aware of the town that you are in, hence would appreciate if you interact on one to one basis, with me over the mail.To begin with, the details / copies of the reference made to Dir Gen, Ser Tax may be given.You may also advise me if you are having patience to plead the case legally through normal channels, which may be time consuming but has all the elements of integrity, transparency and reasonableness with possibility of paying taxesand interest on unpaid taxes, if they are legally due.Should you feel this interests you, then you may carry forward this mail with your comments.
Thanks. Best Wishes and Warm Regards, For Profitable Tax Compliance Practices - Helping Qualitatively.Integrity Pays
From: Rao TV <talamrao@yahoo.co.in>From: Varun Arya <aryav@sancharnet.in>
Sent: Thu, 16 March, 2006 6:51:00 AM
Subject: [HRInnovators] Fwd: Never to give up!
Date: Wed, 15 Mar 2006 20:07:55 +0530----- Forwarded Message ----
To: tv rao <talamvrao@rediffmail.com>
From: Varun Arya <aryav@sancharnet.in>
Subject: Never to give up!
Dear Prof. Rao
Appreciate very much your mail. I thought of reading the attachment of your mail when I had some free time and I have just finished carefully reading it.
You have faced the onslaught of only the Service Tax deptt. We have faced MHRD, AICTE, state government, local administration, police, CID, service tax, income tax and many many others during the initial three years - everyone trying to extract money from us by trying to harass us by asking us repeatedly same questions, which were already answered. I can say with immense pride that we have not paid the single paise to anyone. Today no one from the government - state as well as central, repeat no one, can stand at our gate and ask for any favour. No one can give a ring and ask me to meet him or anyone.
Let me share with you our approach :
- Never consult any lawyers. The lawyers are generally the liars. Their interest is more in exploiting the client, rather than helping the client. We have always consulted the serving senior judges at their residences and have always got the right advice, despite the lawyers telling us that consulting the judges may be construed as the contempt of court. Of course, we did not have to pay anything to any judge for their advice and guidance. In fact I had the pleasure to savour their so gracious hospitality at their residences. The cases were fought by us and we insisted with the concerned judge of our case that we wanted the hearing and judgement and not "dates". Wherever we found that the judge of our case was swaying in favour of the other party for the reasons other than merit, we always complained about the judge to the Chief Justices of the Supreme Court and High Court.
- Never consult any CA. They are generally the agents of the various taxation departments and taxation officers. Take your own decisions and just go ahead with the same.
- Whenever a complaint is made about any officer or judge to the higher authorities, always copy the complaint to the concerned officer or judge so that he/she is aware of the nature of complaint.
- Never call any officer or judge as "Saheb" and do not extend any courtesies except a simple glass of water. If he asks for any favour, just ask him to get out.
- Insist that the officer visits you after fixing prior appointment. If he/she comes without fixing appointment then tell him/her to go back and come after fixing appointment.
- Never visit the office of the concerned officer. He will make you wait and show his importance.
- Never answer any queries, never show any documents and never provide any documents without first getting their need and purpose in writing and also his/her showing you his/her identity card.
- Expose the concerned officer to all his/her seniors in writing including right upto FM and even PM & President as well, as may be deemed appropriate. When required, share this with press & media and other like-minded people as well.
Just to illustrate the above, I am attaching some communications which I had sent to the Income Tax Department. These were sent despite the advice to the contrary by everyone. I sent these because I personally believed that what I was doing was right and I had a right to do so. In any case, ultimately the Chief Commissioner of Income Tax informed me that an enquiry was instituted against the concerned officer and he was shunted out. After that no officer dared to visit us or send us any notice. Similar has been our story with every department, including even the service tax department (a letter to them too is attached).
I will be glad to meet to you to discuss the matter so that a suitable action plan can be made to ensure your being free from problems created by the service tax deptt. Remember - when the going gets tough; the tough gets going. Please never ever give up!
I would like to forward your mail to various groups dealing with fighting the corruption and also IIMA groups. Kindly give your permission.
Thanks and best regards
Varun
=
At 05:41 11/03/2006, tv rao wrote:Dear Varun:
Many thanks for the same. I am enclosing my recent enounters with service tax department. We are being penalised for not bribing and they keep asking us for all kinds of records again and again. I am so fed up with the system I feel like closing the consulting company I have started. You have shown a lot of bravery in the past. I am turning sixty next week and feel that i should spend my time better way than earning for the governemnt. We have been paying taxes to the tune of 45% of what we earn when the IT and service tax are put togetehr and in return what the governemnt gives us is corrupt officals who don't even treat professors with some respect and a system that encourages such people.
Thanks for your mail.
T V Rao
From: Rao TV <talamrao@yahoo.co.in>
To: Sharma Chander Mohan <cms_929@yahoo.co.in>
Sent: Fri, 17 March, 2006 12:22:26 PM
Subject: Re: corruption
Dear Sharmaji:I called you on your cell last Sunday. There was no response. Now I have got a formal communication for the service tax auditor after we insisted that he gives anything in writing. He slapped on us all kinds of tax short falls applying wrong rules (in my view) of the current year to previous years etc. I can tell you more. This is anticipated as we refused to bribe him. The fact that the audit alsted over six months itself shows something. I am quite happy that at least after seven to eight months of ordeal we have got finally something in written. I am approaching a tax consultant. I will be quite happy to pay to government anything that is due to them as it goes only to my country. However I can't let corrupt officials get away threatening people and applying rules as they like.I had been a professor at IIMA and worked very closely with the government ( HRD Ministry etc .). I have worked closely with people like Dr. Rangarajan as the HRD Advisor to RBI, and with Sam Pitroda on a commonwealth secretariat project. I am mentioning this because you mentioned about the credibility of people whoa re seeking help. We teachers have some difficulty agreeing to corrupt practices in government. I have had excellent experience with the IT department. I had no issues with them in Ahmedabad. I am told the problem is mainly with service tax department as they have excise mind set and they don't have a good image around. My experiences so far prove the same. Any views and suggestions sir?In any case we should leave a beter country for our future generation. Governemnt employee salaries should be hiked up if it helps.T V Rao
Sharma Chander Mohan <cms_929@yahoo.co.in> wrote:Thanks.Govt has adequate measures in place to deal with the situation like that of yours. We can mend the situation.Only problem is that at a later stage, people buckle down for reasons best known to them. They are comfortable until the demands are not pinching them.Even without that, credibility of people approaching/ raising the issue, is important for the people attending to it.
Thanks. Best Wishes and Warm Regards,
To: loksatta_initiative@yahoogroups.com
Sent: Sat, 18 March, 2006 4:33:23 AM
Subject: Re: [loksatta_initiative] Re: Discussions : Corruption.
I have been advised by one of the core committee members of Ahmadabad Loksatta that writing to the Government under the RTI (Right To Information act) would do some good of ensuring public accountability of public servants. I have drafted the enclosed list of questions to be asked to service tax department. I learnt that Loksataa earlier organised a conference with service tax department. This is perhaps the beginning and with one department. If any one is willing to join hands with me is most welcome and it would be a great support. Their answers, if they give will be made available for other members of Loksatta and other yahoo groups. If any of you are experts in asking such questions under RTI please let me know if they have been framed in a useful way and please suggest changes or additions. . I think Loksatta has an important role
Thanks
T V Rao
Kris Dev <krisdev@gmail.com> wrote:
Kris Dev <krisdev@gmail.com> wrote:
I feel Mr. Rao and Loksatta and all forums interested in anti-Right to Information
corruption and civil liberties, shouldtake up with the media and press and show case the details, for a public opinion and debate.This sort of ambiguous situation exists in every spehre of govt.activity and no one seems to be responsible for any such actions.
We need to cleanse the system and make all actions transparent and every official accountable. When and how is the mute question?!
Kris Dev
--- In loksatta_initiative@yahoogroups.com, RAMSU <ramsu1943@...>
wrote:
The whole department is a bunch of gangsters - out to
prey on deliberately-unclear & unclarified rules.
Please speak to the Department-Head on the goings-on
and send a specific communication to the Finance
Minister as well as Chief Vigilance Commissioner. In
fact, by providing to the rascal-officer free access
to transport, food & other niceties, you have already
got entrapped into the bribe-mechanism !
RAMSU
To
Public Information Officer
Service Tax Commissionarate
5th Floor, Central Excise Bhavan
Ambavadi, Ahmedabad 3800
Ahmedabad
Sub: Under the provisions of the Right to Information Act 2005
Dear Sir:
Under the provisions of the Right to Information Act 2005, I seek the following information from you office. I would appreciate if the same is supplied at the earliest as per the requirements of the right to information act?
Warm regards
T V Rao
Former Professor, IIMA
Management Consultancy/ Commercial Coaching and training
General
1. Whose is primarily responsible to pay service tax? Is it the service provider or the service receiver? If it is the receiver, what is the liability of the service provider in case the receiver refuses to pay?
2. It is said that service tax is a tax liable to be paid by the person or organization availing the services of a service provider. In case the user of service fails to pay the service tax or refuses to pay the service tax is the service provider liable to pay the same? If so within how much period and from what source? Whose responsibility is it to recover such tax? Is there any provision in the service tax laws to give adequate time for recovering such dues from the service consumer without the service provider being subject to penalties and interest for failure to pay the tax on time?
Executive development Programs
3. Are Executive Development programs (publicly announced knowledge and skill development programs) organized in hotels and other premises by a management consulting firm be treated as commercial training and coaching? Since which date is the fee received from such programs becomes a taxable service (1 st July 2003?) ? If such program fee collected has become taxable (say from 1st July 2003), what is the actual date of passing such a law or rule? If a program has been designed and offered and the participants registered for the program before the date of passing the law, is the participant liable to pay service tax? (This is because many management schools, firms and institutions plan and offer their programs six months to a year in advance) Is the service provider liable to pay tax if such a program is offered during the tax period but conceived and announced prior to the date from when the law has come to force?
Export of Services
4. Since which date is the exemption to management consultancy services exported to other countries and fee collected for exporting services to other countries received in foreign exchange been withdrawn and has become subject to service tax? What are the conditions that should be fulfilled for such an exemption?
5. Is it true that Indian firms paying in foreign currency from their foreign currency accounts consultancy fee is exempt from service tax? If the provision has been withdrawn from which date has it been withdrawn and the service receiver or provider liable to service tax?
Audit
6. Is there I a code of conduct prescribed for service tax auditors? If yes please supply the same. If no, please provide information on the following:
6.1. Are they expected to maintain any departmental register of their movement whenever they go for service tax audit?
6.2. Is the register available for public scrutiny?
6.3. What are the norms of duration of audit? Is the audit manual available for public? If no what are the reasons for such a document like audit manual not being available to public who are payers of such a public tax like service tax? If yes where can copies be available? And what rights the tax payers have on the audit?
6.4. Which year’s rules (on tax rates, services covered etc.) should be applied in auditing the tax for a given year? That year’s rules or the rules made applicable in subsequent years? Under what provisions such new rules can be applied with retrospective effect?
7. Is the tax payer supposed to know each and every small detail of the service tax laws? If yes what has the service tax department done to pass such information in detail to its tax payers since the last ten years?
8. Is the service tax auditor supposed to know about the nature of service provided by the service provider before he goes for such an audit?
9. Is the service tax payer expected to send transport and meet the food and other living expenses of the auditors during the audit? If no, does the audit manual provide clearly not to accept such courtesies and treat them as breach of discipline?
Harassment of tax payers and disruption of their work
10. What is the action prescribed for delaying audit reports and misguiding the tax payers or threatening the tax payers? What kind of evidence will be admitted? Are the tax payers supposed to maintain records of the visit by audit officials? If an officer quotes the service tax rules wrongly and takes over six months to complete the audit and repeatedly summons the staff for explanations etc.. With an intention of scaring or harassing the tax payer (for example by applying the rule of the current year to the previous year when they are different) extract money from the service provider unlawfully, what provision is made for action to be taken on such an erring officer? Can inconsistencies in his own report be admitted as evidence for such an action? What action is prescribed in the code of conduct?
11. Should the tax payer have a right to ask the auditor to sign a register and give receipt of all documents he takes? If the auditor refuses to give the same what is the course of action left for the tax payer without being harassed further?
12. What are the safeguards the service tax department has provided against harassment of tax payers by the auditors? How are they being enforced? Is there a customer satisfaction survey and a 360 customer appraisal of the auditors? How is the accountability of auditors ensured by the department?
13. If an audit officer threatens the party about conducting rides disallowing some parts of fee and such other matters etc. what should the service tax payer do? What provisions are there in the law to protect the tax payer from such harassment from audit officers?
Copyrighted material
14. If in a management consultancy firm charges a fee for using its copyrighted material as royalty is it taxable service? Since when? Under what law? What re the conditions for it to be considered as management consultancy?
15. Are book royalties earned by a management consultancy firm taxable? Under what law and since when?
16. If a consultancy project involves collection of statistical information about individuals and collation of the same using copyrighted instruments, is the fee changed for the same considered as management consultancy? Under what law or provisions of the finance act? Since when?
17. If a routine service like data analysis is provided through internet without any human involvement is the service taxable? Since when? Under what law or rule?
18. If a substantial part of the service provided by a management consultancy firm is of routine nature and is carried out by non professionals (secretaries, typists etc.) as a part support service to the consultancy is it liable to service tax? Since when? If yes, if the same service is provided by an outside party on a salary or an outsourcing fee is it still liable to be taxed?
Advance Fee
19. If in a project the consultancy firm collects the fee in the form of advance fee for services to be rendered and the service is not yet rendered is the service not yet provided liable to pay service tax even before the service is rendered and the final settlement is made? Under what rule? Since which date?
20. If the service is finally not rendered and the project is not complete, can the refund of service tax be claimed from the department?
21. If a service provided in a particular year (2004-05) but the fee is collected in the previous year (2003-04) what is the service tax liability? i.e. at what rates the tax be paid : (i) tax applicable in the fee collected year or (ii) tax applicable in the service rendered year?
22. If it is in the year when the service is rendered then what is the rationale in asking the service provider to pay tax on the basis of the cash received? What exactly does the law say?
Clubs and Other services
23. If a management consultancy firm creates a fan club (like creativity club or 360 degree club) and services them through newsletters, management literature, games and exercises, and statistical analysis and copyrighted psychometric test etc. is such a service taxable? Under what rule and since which date?
24. There are sports which give exercise to physical wellbeing. Similarly there are intellectual and mental sports like a creativity club who offer services for small fee to maintain the club membership is it liable to tax? Since when? Under what law?
Service Tax payers in Ahmedaabd
25. How many management consultancy firms are registered in Ahmedabad as management consultancy firms? How many of them pay service tax for the Training program they conduct under the head commercial coaching and training?
26. Are they all paying service tax on the program fee they charge for the programs they are conducting?
27. Do AMA, EDI, NID, CEPT, CERC, IIMA pay service tax on their consultancy services?
28. Do they pay tax on all their Executive development programs they conduct? If not what are the rules under which they are exempt?
29. How many audits have been conducted this year? What is the duration of each of the audits by your officers? How much money has been collected?
30. Are there targets of service tax collection given to your officers? Is there an incentive for meeting targets? How many of your officers have been given such incentives in the last six months?
Centralized registration and CANVET
31. If a firm maintains its branch is another city but follows a centralized accounting system and pays income tax and service tax centrally from its inception, is the firm required to apply again for centralized registration? Or should the branch office register separately in the city where it exists and pay its service tax in the city where it is located? What is the rationale?
32. Since when (date) is the centralized registration made compulsory? Is it necessary for a firm to keep registering every time it opens a new office or recruits a representative office even when it is paying all its taxes at the Head office?
33. If a consultancy firm X pays service tax on a project fee and a person ‘A” working on the same project as a consultant claims service tax and pays the same in the city where he/she works, can the firm “X” reclaim the service tax paid as the service tax has been paid twice for the same project? Under what conditions is such CENVET credit not allowed to be taken? Please quote the law or the rule.
From: rajesh arora <rajesha@bom3.vsnl.net.in>
To: talamrao@yahoo.co.inSent: Sat, 18 March, 2006 12:21:19 PM
Subject: Querries on Service Tax
Dear Prof T V Rao,
I am happy to see your efforts to seek information on this area, as I too run my own Mgt consulting firm. Your queries are all very valid and we professional should get some inputs from Govt Bodies on these issues.
Warm Regards
Dr Rajesh Arora
Director - TQMS
Approved Professor in Management, Heriot Watt University, UK.
Trainer - SHRM
Best Speaker Award, TOAST MASTER International, US.
Director - TQMS
Approved Professor in Management, Heriot Watt University, UK.
Trainer - SHRM
Best Speaker Award, TOAST MASTER International, US.
I think the so called civil society representatives are wasting the nation’s time on focussing on issues like whether the PM should be covered or the Mps, IAS officers should be covered etc. JP has already done enough to ensure that corrupt Mps are not elected or even given tickets. Why don't they push it? There is no doubt the more responsible position holders should be above board. However there are many issues that need to be tackled. Corruption is at the core of the country. We make laws that encourage people to be corrupt. For example most of the laws dealing with Income tax, service tax and many other taxes are made in such a way they could be interpreted the way the lower level officer likes and harass the public for money. Mostly they harass the honest people. Corrupt citizens have a way of dealing with corrupt officers. It is only the honest who suffer. Corruption is there in almost all government and Municipal Corporation and other offices that deal with public. If any in my view it is less at the top as at least the top fears that if they are caught they are behind the bars. At lower levels there is no such fear as there are associations and many other interest groups that come to their rescue.
There is also a need for change in the DNA of all of us Indians. We are selfish, jealous, want all rules to be applied to our neighbours and when we flout rules we want exceptions to be made to us and can go to any extent to get such favours. In academics and industry we also pull down our neighbours and Indian competitors and show a lot of respect for people from other countries and MNCs. For example we get management experts from other countries paying them thousands of dollars and if we can't get them at least we want a foreign consulting company and may not implement anything but use their name to sell our brand.
T. V. Rao