Examine whether service tax is leviable in the context of provisions of the Finance Act, 1994 when services are provided in a vessel stationed at a distance of 54 nautical miles from the Indian landmass in Exclusive Econ

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2016
Examine whether service tax is leviable in the context of provisions of the Finance Act, 1994 when services are provided in a vessel stationed at a distance of 54 nautical miles from the Indian landmass in Exclusive Economic Zone (EEZ) of India for carrying out fishing operations.

Answer & Explanation:

Levy of service tax extends to whole of India except the state of Jammu and Kashmir and India means, inter alia, the vessels located in the continental shelf of India and the Exclusive Economic Zone of India, for the purposes of prospecting or extraction or production of mineral oil and natural gas and supply thereof. Therefore, though the vessel is stationed at a distance of 54 nautical miles from Indian land mass in Exclusive Economic Zone (EEZ) of India, services provided there will not be liable to service tax as the vessel is used for carrying out fishing operations and not for oil/ natural gas.

Topics: Indirect Tax

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