| Expenditure Tax Act, 1987 | |
|---|---|
 | |
| Parliament of India | |
| Enacted by | Parliament of India |
| Status: In force | |
The Expenditure Tax Act, 1987 is an Act of the Parliament of India. It applies to any charges incurred by an individual and in the event that these charges are implied to be chargeable expenditure. [1] The Act is applicable to all the States and Union Territories in India.
The expenditure tax was first introduced by T. T. Krishnamachari (then Finance Minister) in 1957. After being abolished in 1962 by Morarji Desai, it was brought again in 1964. It was finally abolished in 1966 after which Chaudhary Charan Singh tried to bring it again in 1979 but failed. [2]
The Expenditure Tax Act, 1987 governs the taxation process associated with the chargeable expenditure incurred by an individual in a certain hotel or restaurant. [3]
The Act applies to chargeable expenditure provided the following criteria are fulfilled
In case of the rooms charges the Assessing Officer of the Income Tax Department has the freedom to decide whether the charges are mentioned in the right manner along with other respective charges such as food, drinks, and other services. In the event that a discrepancy is found in the breakup of charges the Assessing Officer is given the right to decide on the amount required to be charged as room charges.[ citation needed ]
The Expenditure Tax taxable under this Act is charged at [4]
In the event that a hotel provides the services mentioned in Sub Clauses (a) to (d) of Clause (1) of Section 5, the amount of Expenditure Tax is to be recovered from the person carrying on the business. [5]
In the event that a hotel provides the services mentioned in Sub Clause (b) or Sub Clause (d) of Clause (1) of Section 5, the amount of Expenditure Tax will be recovered from the other person referred to.[ citation needed ]
In the event that a restaurant as per Clause (2) of Section 3 and the services it renders are as per Clause (2) of Section 5. And said services are provided by the restaurant or the person carrying on business in the restaurant or by the other person, the Expenditure Tax will be collected at the rate specified in Clause (b) of Section 4.[ citation needed ]
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