Service Tax – Publication of names
Income Tax, Excise, Customs had it!! Now Service tax also has it !!
Vide Notification No , here cometh a new set of rules called Service Tax (Publication of Names) Rules, 2008.
And just in case, Netizens have over looked this one ( well, honestly nothing has been missed out then ) amongst other relevant changes consequent to Budget 2008, here's the salient feature of the said Rules Comprising four rules in all: -
1) As the name suggests, Central Government will be empowered to publish in the Official Gazette, print / electronic media etc, the names and particulars of persons of defaulters under service tax law.
2) The defaulters would be those who have been adjudged to
a) have contravened any of the provisions of the Finance Act, 1994 and rules made thereunder with intent to evade payment of service tax
b) pay but has not paid any amount, payable under the provisions of section 73A of the Finance Act, 1994
3) However, the name of such defaulters will not be published till the appeal period (for the said litigation) is in force.
4) This proposal will be mooted by the jurisdictional Commissioner and has to be recommended by the Chief Commissioner concerned.
Just like its direct/ indirect tax colonial cousins (Income tax / Excise and Customs) where similar provisions for publishing the names of defaulters have been set out, Service Tax has also joined this bandwagon. But for its probable nuisance value and seeing a host of files on the Chief Commissioner's table, no substantive merit should come out from this legislation.