Now Sole Proprietor, Firm, LLP & OPC can Seek Advance Ruling under Service Tax

NOTIFICATION No. 09/2015 — Ser­vice Tax

New Del­hi, the 1st March, 2015

G.S.R. (E).- In exer­cise of the pow­ers con­ferred by sub-clause (iii) of clause (b) of sec­tion 96A of the Finance Act, 1994 (32 of 1994), the Cen­tral Gov­ern­ment here­by spec­i­fies “res­i­dent firm” as class of per­sons for the pur­pos­es of the said sub-clause.

Expla­na­tion. — For the pur­pos­es of this notification,-

(a) “firm” shall have the mean­ing assigned to it in sec­tion 4 of the Indi­an Part­ner­ship Act, 1932 (9 of 1932) , and includes-

(i) the lim­it­ed lia­bil­i­ty part­ner­ship as defined in clause (n) of sub-sec­tion (1) of the sec­tion 2 of the Lim­it­ed Lia­bil­i­ty Part­ner­ship Act, 2008 (6 of 2009); or

(ii) lim­it­ed lia­bil­i­ty part­ner­ship which has no com­pa­ny as its part­ner; or

(iii) the sole pro­pri­etor­ship; or

(iv) One Per­son Company.

(b) (i) “sole pro­pri­etor­ship” means an indi­vid­ual who engages him­self in an activ­i­ty as defined in sub-clause (a) of sec­tion 96A of the Finance Act, 1994.

(ii) “One Per­son Com­pa­ny” means as defined in clause (62) of sec­tion 2 of the Com­pa­nies Act, 2013 (18 of 2013).

© “res­i­dent” shall have the mean­ing assigned to it in clause (42) of sec­tion 2 of the Income-tax Act, 1961 (43 of 1961) in so far as it applies to a res­i­dent firm.

[F. No. 334/5/2015-TRU]

(Akshay Joshi)

Under Sec­re­tary to the Gov­ern­ment of India