Query-Service Tax

Dear SRRF members,

We have received a new query under Service Tax, from B V Soma Sastry

” I am attaching a circular issued by the GoI on 17.03.2012 with regards to Service Tax wherein organizations registered under section 12aa of the IT Act are exempt from service tax. I would request you all to go through the document and also advice on the following:

  1. If we are not registered under Service Tax, do we have to register now?
  2. In case we are registered, do we continue filing service tax returns?”

Looking forward to your response.


With warm regards,



Socio Research & Reform Foundation
(A Non Government Organisation)
512 A, Deepshikha, 8 Rajendra Place, New Delhi – 110008
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e-mail: socio-research@sma.net.in


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One Response to Query-Service Tax

  1. Martin Pinto says:

    Dear Sir,

    I have gone through the circular.

    First and foremost it talks about \"Charitable Activities:

    4. Services by an entity registered under section 12AA of the Income tax Act, 1961(43 of 1961) by way of charitable activities;

    The Circular further goes on to define \"Charitable Activities\" as under

    9. “charitable activities” means activities relating to –

    (a) public health by way of –
    (I) care or counseling of (i) terminally ill persons or persons with severe physical or mental disability, (ii) persons afflicted
    with HIV or AIDS, or (iii) persons addicted to a dependence-forming substance such as narcotics drugs or alcohol; or
    (II) public awareness of preventive health, family planning or prevention of HIV infection;
    (b) advancement of religion;
    (c) advancement of educational programmes or skill development relating to,-
    (I) abandoned, orphaned or homeless children;
    (II) physically or mentally abused and traumatized persons;
    (III) prisoners; or
    (IV) persons over the age of 65 years residing in a rural area;
    (d) preservation of environment including watershed, forests and wildlife; or

    (e) advancement of any other object of general public utility up to a value of twenty five lakh rupees in a financial year
    subject to the condition that total value of such activities had not exceeded twenty five lakhs rupees during the preceding
    financial year.

    Explanation: – For the purpose of this clause, ‘general public’ means the body of people at large sufficiently defined
    by some common quality of public or impersonal nature.

    So therefore Nature of activities will have to seen first,before we can jump to any conclusion

    Martin Pinto

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