BOOK REVIEW

SERVICE TAX IN INDIA (Law & Practice)
Incorporating New Services Effective 16 August 2002


The book is by an author who is closely associated with the service tax since its introduction in India in 1994. He can rightly claim to know the background and intention behind every word that has been written about service tax legislation year after year. The publisher has convincingly put it that “he (the author) is a witness to its growth, implementation, disputes and litigation.” The introductory chapter of the book provides a brief but useful background of the levy and development of service tax in India. It also goes into the economic rationale of taxing services.
The second chapter describes the scheme of levy and collection of service tax. It provides the essential characteristics of legal framework, the procedural requirements and obligation of the service taxpayers. It also summarizes the penal consequences of non-compliance of the legal provisions. In a nutshell, the chapter describes what a taxpayer ought to know by way of essential knowledge. For details, reference is given to the relevant sections and rules relating the service tax.

What is most beneficial from the taxpayer’s viewpoint and his day-to-day guidance that on each service an independent chapter is devoted in the book. All the legal definitions relating to a given service are provided at one place. This is most convenient to refer. The chapter devoted to a particular service also describes all the essential features, including exemptions and clarifications. In addition, from each service, the details of all the instructions issued for time-to-time are provided.
The author has taken pains to devote a special chapter to describe the law on service tax as contained in Chapter V of the Finance Act, 1994, as it stood during different periods of time since 1994. The seven sections devoted for this purpose take into account all the amendments that have been laid in the definitions or other legislative provisions upto 2002. This should prove to be essential reference material for dealing with disputes and litigation for the past cases.
The book also contains complete description of Service Tax Rules, 1994, as amended in August 2002. A chapter is also devoted on Service Tax Rules, 2002.
A significant feature of the book is that it provides complete text of all notifications issued on Service Tax since 1994. A chapter on ‘Disputes and Litigation’ makes an interesting reading. It provides the gist of court judgements along with reference to citations for details. The procedural aspects of Service Tax have been the subject matter of dispute in several cases. The book contains complete text of tribunal decisions on procedure-related aspects of Service Tax.
A chapter entitled: “Future of Service Tax: A comment” is an intellectual contribution by the author which is not usually found in any other book on the subject. It provides an intellectual discussion and also contains essential extracts of the recommendations from the Govinda Rao Committee and Partho Shome Committee for an enlightened reader.
The book also contains five appendices which provide relevant reference material including relevant sections of the Central Excise Act, 1944.
On the whole the book is a complete compendium on service tax as claimed by the publisher. It is useful for taxpayers, consultants, departmental officers, tribunal and courts and academics.
The author has poured in all his experience while working as Joint Secretary in the Ministry of Finance as head of the Tax Research Unit in writing this book. Considering the usefulness, contents, printing and getup, the price of Rs.545 is a sensible bargain.


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