Monday, August 17, 2009

Service Tax Notification for Nov 2009 Examinations

1) Professional Competence Examinations

It is clarified that in Part –II : Service tax and VAT of Paper 5 : Taxation, students will not be tested on

specific questions covering individual taxable services


2) Integrated Professional Competence Examinations

It is clarified that in Part –II : Service tax and VAT of Paper 4 : Taxation, students will be examined only in

respect of the following taxable services:

1. Renting of immovable property

2. Tour operator’s services

3. Commercial training or coaching services

4. Erection, commissioning and installation services

5. Works contract services


3) Final Examinations (Both Existing and New)

Paper 8 : Indirect taxes/ Paper 8 : Indirect Tax Laws

It is clarified that in respect of taxable services covered in the syllabus of Paper 8 : Indirect taxes/ Paper 8 :

Indirect Tax Laws, students will be examined only in respect of the following taxable services:

  • Intellectual Property Services

1. Franchise services

2. Intellectual property services

  • Financial services

3. Banking & other financial services

4. Credit rating agency’s services

5. Stock broking services

  • Transport of goods services

6. Goods transport agency’s services

7. Courier services

8. Mailing list compilation and mailing services

9. Transport of goods by air services

10. Clearing and forwarding services

11. Cargo handling services

12. Customs house agent’s services

13. Storage and warehousing services

14. Transport of goods through pipeline or other conduit

15. Transport of goods in containers by rail by any person,

other than government railway

  • Professional Services

16. Practising chartered accountant’s services

17. Management or business consultancy services

18. Consulting engineer’s services

19. Scientific and technical consultancy services

20. Technical testing and analysis services

21. Market research services

22. Opinion poll services

23. Public relations services

  • Real estate & infrastructure services

24. Construction services in respect of commercial or industrial buildings or civil structures

25. Construction services in respect of residential complexes

26. Architect’s services

27. Real estate agent’s services

28. Site preparation and clearance, excavation,

earthmoving and demolition services

29. Interior decorator’s services

  • Business services

30. Business auxiliary services

31. Business support services

32. Manpower recruitment or supply agency’s services


Issued by the Board of Studies ICAI.


Click Here for direct link to the Announcement - http://www.icai.org/resource_file/16650announservicetax.pdf

New Direct Tax code : Residential Status

1)Under the Code, the residential status of an individual in a financial year will

continue to be determined on the basis of his stay in India during the financial year and the

earlier years. He would be a resident in India if,-

(a) he is in India for 182 days or more during the financial year; or

(b) he is in India for 365 days or more during the four years immediately preceding

the financial year and for 60 days or more in the financial year.


2) The residency of an individual will be determined only on the basis of the test

specified in sub para (a) of para 4.9 in the case of,-

(a) an Indian citizen who leaves India during the financial year for the purpose of

employment outside India with an employer;

(b) an Indian citizen who leaves India as a member of a crew of an Indian ship; and

(c) an Indian citizen or a person of Indian origin, who comes to India on a visit

during the financial year.


3) An individual will be treated as a person of Indian origin if either he or either of his

parents or any of his grand-parents was born in undivided India.


4) An Indian company will always be treated as resident in India. However, a foreign

company can either be resident or non-resident in India. It will be treated as resident in

India if, at any time in the financial year, the control and management of its affairs is situated

wholly or partly in India (it need not be wholly situated in India, as at present).


5) A Hindu Undivided Family (HUF), partnership firm, an association of persons or

any other person will be resident in India if the control and management of their affairs are

wholly or partly situated within India at any time in the relevant financial year.


6) A person will be a non-resident in India if he is not a resident in India.


7) Under the Code, the concept of "resident but not ordinarily resident" for an

individual and a Hindu undivided family will be replaced by providing exemption to the

income of an individual sourced outside India and not derived from a business controlled or

a profession set up in India. This exemption will be available to the individual in the

financial year in which such individual becomes a resident and in the immediately succeeding

financial year, if such individual was a non-resident for nine years immediately preceeding

the financial year in which he becomes a resident.