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August 2012

Clarification regarding cess — Circular No. 160/11/2012-ST, dated 29-6-2012 and Order N0. 2/2012, dated 29-6-2012.

By Tarun Ghia, Brijesh Cholera, Pratik Mehta, Chartered Accountants
Reading Time 1 mins
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There has been some doubt regarding the applicability of provisions of the Finance Act, 2004 relating to education cess and the Finance Act, 2007 relating to secondary and higher education cess as the concerned Acts make reference to section 66 of the Finance Act, 1994, which shall cease to have effect from 1st July, 2012. In this connection, reference to the s.s (1) of section 8 of the General Clauses Act, 1897 is made for interpretation of statutes and thus any reference to section 66 of the Finance Act, 1994 shall be construed as reference to the newly re-enacted provision i.e., section 66B of the same Act. Despite the stated position of law, the matter has been settled by the issue of Removal of Difficulties Order No. 2/2012, dated 29-6-2012.

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