Seeks to notify the resident firm as the class of persons for the purpose of sub-clause (iii) of clause (b) of section 96A of the Finance Act, 1994.
March, 03rd 2015
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
No. 9/2015 - 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).
(c) "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]
Under Secretary to the Government of India