Service tax is applicable only if there is activity
and
there is consideration
Consideration without activity not taxable (like gifts)
Also activity without consideration not taxable (like free service)
Consideration
means everything received or recoverable in return for a provision of service
It may be
Monetary
or
Non Monetary
Even deferred consideration covered
It may be received
directly by service receiver
or
indirectly from some other person on behalf of other person
When is Consideration taxable
There should be
direct link or immediate connection
between activity and consideration
Otherwise service tax not leviable
QUESTIONS
Whether following Consideration taxable?
Nobel prize received for lifetime contributuion
View AnswerThere is no direct link or immediate connection between activity and consideration
Hence consideration not taxable.No Service tax
Services received from government against taxes paid
View AnswerIt is also not taxable per se, as no direct link is there between activity and consideration
Imposition of fine, penalty by government
View AnswerIt is also not taxable per se, as no direct link is there between activity and consideration
.-ea-
Amount received in advance for perfornance of service
View AnswerThere is a direct link between activity and consideration and hence taxable