Posts Tagged ‘INDIAN’
LEVY OF SERVICE TAX ON EXTERNAL COMMERCIAL BORROWINGS FROM FOREIGN BRANCH OF AN INDIAN BANK
1. Service tax authorities, of late, have been issuing notices to various borrowers of External Commercial Borrowings (ECB’s) from foreign branches of Indian banks and holding them liable to pay <a rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=”http://www.taxmann.net/STOnlineWeb/NewHomePage/Home.aspx?pId=160″>Service tax</a> from September 10, 2004 under section 65(12)(a)(ix) of the Finance Act, 1994 which covers ECBs.
According to the borrower, the responsibility of paying service tax is of the service provider which is the foreign branch of the Indian bank and, hence, the Indian bank having a permanent establishment in India, is supposed to pay and not the borrower.
The contention of the service tax authorities is partially correct after coming into effect of section 66A of the Finance Act, 1994 from April 18, 2006.
Until the coming into effect of section 66A, the liability and obligation to pay service tax was that of Indian bank and not that of the borrower. Contrary to the contention of the service tax authorities, even under rule 2(1)(d)(iv) of the said Rules, effective from August 16, 2002 and June 16, 2005 respectively, the borrower cannot be made liable for the payment of service tax.
2. Rule 2(1)(d)(iv) reads as follows :—
‘Person liable for paying the service tax’ means,—
Changing Patterns of the Indian Personal Loan Market
There are times come to our life when we need money for fulfil the desires of ours and our family. These desires can be visiting to a dream holiday vacation. purchasing an electronic appliance for our family, wedding of daughter etc. In the country like India, for the banks and other financial organisations, money can not be the barrier for fulfilling these desires. Indian Banks do provide loans for personal expenses at an affordable rate of interest and flexible terms and conditions.
Personal loans are provided to both salaried and self-employed individuals. Though there are special loans that being provide by the banks to the self employed professionals such as engineers, architects, doctors, chartered accountants, company secretaries and ICWAI graduates. Under the category of personal loan one can get a minimum amount of Rs. 20,000 and the loan amount can be extended up to Rs. 20 lakhs. The amount totally depends on some factors such as the financial standing of the borrower, repayment capacity of the borrower, past record of loan repayment and so on. The repayment option varies from bank to bank. Usually banks provide the repayment tenure period of one year to five years.
The personal loans are absolutely hassle-free loans. For getting the advantage of this kind of loan one does not have to keep anything as security or guarantor to the loan provider. The borrower will get the option to pay the loan amount by with easy Equated Monthly Instalments.
LEVY OF SERVICE TAX ON EXTERNAL COMMERCIAL BORROWINGS FROM FOREIGN BRANCH OF AN INDIAN BANK
1. Service tax authorities, of late, have been issuing notices to various borrowers of External Commercial Borrowings (ECB’s) from foreign branches of Indian banks and holding them liable to pay <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.taxmann.net/STOnlineWeb/NewHomePage/Home.aspx?pId=160″>Service tax</a> from September 10, 2004 under section 65(12)(a)(ix) of the Finance Act, 1994 which covers ECBs.
According to the borrower, the responsibility of paying service tax is of the service provider which is the foreign branch of the Indian bank and, hence, the Indian bank having a permanent establishment in India, is supposed to pay and not the borrower.
The contention of the service tax authorities is partially correct after coming into effect of section 66A of the Finance Act, 1994 from April 18, 2006.
Until the coming into effect of section 66A, the liability and obligation to pay service tax was that of Indian bank and not that of the borrower. Contrary to the contention of the service tax authorities, even under rule 2(1)(d)(iv) of the said Rules, effective from August 16, 2002 and June 16, 2005 respectively, the borrower cannot be made liable for the payment of service tax.
2. Rule 2(1)(d)(iv) reads as follows :—
‘Person liable for paying the service tax’ means,—