FINANCE BILL 2015 AMENDMENTS IN SERVICE TAX
66 D – NEGATIVE LIST – PROPOSED AMENDMENTS Clause(a) services by Government or a local authority excluding the following services to the extent they are not covered elsewhere— I. services by the Department of Posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government; II. services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; III. transport of goods or passengers; or IV. Any service (support services), other than services covered under clauses (i) to (iii) above, provided to business entities; Section 66 D (a)(iv) is amended to exclude all services provided by the Government or local authority to a business entity from the Negative List. The definition of “support service” [section 65 B (49)] is being omitted.
Government defined in Section 65 B(26 A) - (26 A) “Government” means the Departments of the Central Government, a State Government and its Departments and a Union territory and its Departments, but shall not include any entity, whether created by a statute or otherwise, the accounts of which are not required to be kept in accordance with article 150 of the Constitution or the rules made thereunder. ’ Accordingly, as and when this amendment is given effect to, all services provided by the Government or local authority to a business entity, except the services that are specifically exempted, or covered by another entry in the Negative List, shall be liable to service tax The services provided by Government to business entities shall be taxable under reverse charge mechanism vide Notification No. 30/2012 -ST as amended by Notification No. 7/2015 -ST dated 1. 3. 2015 ( from such date to be notified by Central Govt)
Clause (f) Services by way of carrying out any process amounting to manufacture or production of goods excluding alcoholic liquor for human consumption (any process amounting to manufacture or production of goods) Section 66 D (f) is being substituted to exclude any service by way of carrying out any processes for production or manufacture of alcoholic liquor for human consumption. Consequently, Service Tax shall be levied on contract manufacturing/job work for production of potable liquor for a consideration. Section 65 B (40), the definition of the term “ process amounting to manufacture or production of goods” is also being amended to omit the words ‘alcoholic liquors for human consumption’ -
(40) "process amounting to manufacture or production of goods" means a process on which duties of excise are leviable under section 3 of the Central Excise Act, 1944 (1 of 1944. ) 5[or the Medicinal and Toilet Preparations (Excise Duties) Act, 1955” (16 of 1955) ] or any process amounting to manufacture of (alcoholic liquors for human consumption - omitted), opium, Indian hemp and other narcotic drugs and narcotics on which duties of excise are leviable under any State Act for the time being in force; consequential amendment made in entry. 30 of notification No. 25/2012 -ST, to exclude intermediate production of alcoholic liquor for human consumption from its ambit. 30. Carrying out an intermediate production process as job work in relation to - (c) any goods excluding alcoholic liquors for human consumption on which appropriate duty is payable by the principal manufacturer
Clause (i) - “Betting, gambling or lottery” The following Explanation is inserted Explanation- “For the purposes of this clause, the expression “betting, gambling or lottery” shall not include the activity specified in Explanation 2 to Clause (44) of section 65 B” 65 B (44) Explanation 2. – For the purposes of this clause, the expression “transaction in money or actionable claim” shall not include–– (i) any activity relating to use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate consideration is charged; (ii) any activity carried out, for a consideration, in relation to, or facilitation of, a transaction in money or actionable claim, including the activity carried out–– (a) by a lottery distributor or selling agent in relation to promotion, marketing, organising, selling of lottery or in organising lottery of any kind, in any other manner; (b) by a foreman of chit fund for conducting or organising a chit in any manner. ’;
The explanation is substituted by Finance Bill, 2015. The services in relation to betting, gambling and lottery continue to be in negative list but the services provided by lottery distributors and selling agents shall be taxable. Chit fund services provided by chit fund foreman shall also be taxable. Definition for lottery distributor or selling agent inserted in clause (31 A)- “lottery distributor or selling agent” means a person appointed or authorized by a State for the purposes of promoting, marketing selling or facilitating in organizing lottery of any kind, in any manner, organized by such State in accordance with the provisions of the Lotteries (Regulation) Act, 1998 Foreman of chit fund defined in clause (23 A) “foreman of chit fund” shall have the same meaning as is assigned to the term “foreman” In clause (j) of section 2 of the Chit Funds Act, 1982; ”
Clause (J) Admission to entertainment events or access to amusement facilities is omitted The definitions of “amusement facility” [section 65 B (9)] and “entertainment event” [section 65 B(24)] are being omitted. Service Tax shall be levied on the service provided by way of access to amusement facility providing fun or recreation by means of rides, gaming devices or bowling alleys in amusement parks, amusement arcades, water parks and theme parks. Service tax to be levied on service by way of admission to entertainment event of concerts, pageants, musical performances concerts, award functions and sporting events other than the recognized sporting event, if the amount charged is more than Rs. 500 for right to admission to such an event.
New entry (No. 47)is being inserted in notification No. 25/2012 -ST. 47. Services by way of right to admission to, (i) exhibition of cinematographic film, circus, dance, or theatrical performance including drama or ballet; (ii) recognised sporting event; (iii) award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event, where the consideration for admission is not more than Rs. 500 person. ”. The term recognized sporting event has been defined Cl(zab) in the proposed amendment to the notification. The above changes in the Negative List shall come into effect from a date to be notified later, after the enactment of the Finance Bill, 2015.
Amendments in Notification 25/2012 –ST For entry 2, the following entry shall be substituted, namely, (i) Health care services by a clinical establishment, an authorised medical practitioner or para-medics; (ii) Services provided by way of transportation of a patient in an ambulance, other than those specified in (i) above; ”; (scope of exemption is widened to include all ambulance services) In entry 12, items (a), (c) and (f) shall be omitted; Services provided to the Government, a local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of – (a) [omitted] a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession;
(b) a historical monument, archaeological site or remains of national importance, archaeological excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); (c) [omitted] a structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art or cultural establishment; (d) Canal, dam or other irrigation works; (e) Pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage (f) [omitted] A residential complex predominantly meant for self-use or the use of their employees or other persons specified in the Explanation 1 to clause 44 of section 65 B of the said Act;
In entry 14, in item (a), the words “an airport, port or” shall be omitted; Services by way of construction, erection, commissioning, or installation of original works pertaining to, (a) an airport, port [omitted] railways, including monorail or metro; (b) a single residential unit otherwise than as a part of a residential complex; (c) low- cost houses up to a carpet area of 60 square metres per house in a housing project approved by competent authority empowered under the ‘Scheme of Affordable Housing in Partnership’ framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India; (d) post- harvest storage infrastructure for agricultural produce including a cold storages for such purposes; or (e) mechanised food grain handling system, machinery or equipment for units processing agricultural produce as food stuff excluding alcoholic beverages;
For entry 16, the following entry shall be substituted, namely: - Services by an artist by way of a performance in folk or classical art forms of (i) music, or (ii) dance, or (iii) theatre, if the consideration charged for such performance is not more than one lakh rupees: Provided that the exemption shall not apply to service provided by such artist as a brand ambassador. ” In entry 20, for item (i), the following item shall be substituted, namely: - "(i) milk, salt and food grain including flours, pulses and rice; "; Services by way of transportation by rail or a vessel from one place in India to another of the following goods – (i) milk, salt and food grain including flours, pulses and rice; ( foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil, excluding alcoholic beverages; )
in entry 21, for item (d), the following item shall be substituted, namely: - "(d) milk, salt and food grain including flours, pulses and rice; "; Services provided by a goods transport agency, by way of transport in a goods carriage of, (d) milk, salt and food grain including flours, pulses and rice; (foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil, excluding alcoholic beverages) or
In entry 26 A, after item (c), the following item shall be inserted, namely- “(d) Varishtha Pension Bima Yojana; 26 A. Services of life insurance business provided under following schemes (a) Janashree Bima Yojana (JBY); or (b) Aam Aadmi Bima Yojana (AABY) (c) life micro-insurance product as approved by the Insurance Regulatory and Development Authority, having maximum amount of cover of fifty thousand rupees. (d) Varishtha Pension Bima Yojana
In entry 29, items (c), (d) and (e) shall be omitted; Services by the following persons in respective capacities (a) sub-broker or an authorised person to a stock broker; (b) authorised person to a member of a commodity exchange; (c) [omitted] mutual fund agent to a mutual fund or asset management company; (d) [omitted] distributor to a mutual fund or asset management company; (e) [omitted] selling or marketing agent of lottery tickets to a distributer or a selling agent; (f) selling agent or a distributer of SIM cards or recharge coupon vouchers; (g) business facilitator or a business correspondent to a banking company or an insurance company, in a rural area; or (h) sub-contractor providing services by way of works contract to another contractor providing works contract services which are exempt;
in entry 30, in item (c), for the words “any goods”, the words “any goods excluding alcoholic liquors for human consumption, ” shall be substituted with effect from such date as the Central Government may, by notification in the Official Gazette, appoint; entry 32 shall be omitted; Services by way of making telephone calls from (a) departmentally run public telephone; (b) guaranteed public telephone operating only for local calls; or (c) free telephone at airport and hospital where no bills are being issued;
New Exemptions 43. Services by operator of Common Effluent Treatment Plant by way of treatment of effluent; 44. Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables; 45. Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo; 46. Service provided by way of exhibition of movie by an exhibitor to the distributor or an association of persons consisting of the exhibitor as one of its members; ”;
“ 47. Services by way of right to admission to, - (i) Exhibition of cinematographic film, circus, dance, or theatrical performance including drama or ballet; (ii) recognised sporting event; (iii) Award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event, where the consideration for admission is not more than Rs. 500 person. ” ( with effect from such date as the Central Government may, by notification in the Official Gazette)
Charge of service tax on and after Finance Act, 2012 In section 66 B of the 1994 Act, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, for the words “twelve per cent. ”, the words “fourteen per cent. ” shall be substituted. The Education Cess and Secondary Higher Education Cess shall be subsumed in the revised rate of service tax
SWACHH BHARAT CESS An enabling provision is being incorporated in the Finance Bill, 2015 (Chapter VI) to empower the Central Government to impose a Swachh Bharat Cess on all or any of the taxable services at a rate of 2% on the value of such taxable services. This cess shall be levied from such date as may be notified by the Central Government after the enactment of the Finance Bill, 2015.
Rationalisation of Abatements: A uniform abatement is prescribed for transport of goods and passengers by rail, transport of goods in a vessel and services of goods transportation agency Service Tax shall be payable on 30% of the value of such service subject to a uniform condition of non-availment of Cenvat Credit on inputs, capital goods and input services. (earlier ST was payable on 30% of the value of rail transport for goods and passengers, 25% of the value of goods transport by road by a goods transport agency and 40% for goods transport by vessels. Prescribed conditions also varied) Transport of passengers by air –The abatement for classes other than economy is being reduced and Service Tax would be payable on 60% of the value of such higher classes. ( Service Tax was payable on 40% of the value of air transport of passenger for economy as well as higher classes, e. g. business class) Services provided in relation to chit - Abatement is withdrawn for services provided in relation to chit. Service Tax shall be paid by the chit fund foremen on the full consideration received by way of fee, commission or any such amount. They would be entitled to take Cenvat Credit. The proposed rationalization in abatements shall come into effect from the 1 st day of April, 2015. (Notification 26/2012 as amended by No. 8/2015 dt 1. 3. 15)
Reverse Charge Mechanism Manpower supply and security services when provided by an individual, HUF, or partnership firm to a body corporate are being brought to full reverse charge. Earlier these were taxed under partial reverse charge mechanism. Services provided/agreed to be provided by, mutual fund agents, mutual fund distributors to Mutual funds/ AMC Selling or marketing agents of lottery tickets to a lottery distributor or selling agent. are being brought under full reverse charge consequent to withdrawal of the exemption on such services. This above changes in reverse charge mechanism will come into effect from the 1 st day of April, 2015. Services provided / agreed to be provided by a person involving an aggregator in any manner - are brought under full reverse charge. Service tax liability to be discharged by aggregator, his representative office locate in India or his agent. (w. e. f. 1. 3. 2015) ( Notification No. 30/2012 as amended by Notification. No. 7/2015)
Principles of interpretation of specified descriptions of services or bundled services. 66 F. (1) Unless otherwise specified, reference to a service (herein referred to as main service) shall not include reference to a service which is used for providing main service. Illustration is inserted to clarify the scope of the sub section The services by the Reserve Bank of India, being the main service within the meaning of clause (b) of section 66 D, does not include any agency service provided or agreed to be provided by any bank to the Reserve Bank of India. Such agency service, being input service, used by the Reserve Bank of India for providing the main service, for which consideration by way of fee or commission or any other amount is received by the agent bank, does not get excluded from the levy of service tax by virtue of inclusion of the main service in clause (b) of the negative list in section 66 D and hence such service is leviable to service tax.
Sec 67 – Prescribes valuation of taxable services In section 67 of the 1994 Act, in the Explanation, for clause (a), the following clause shall be substituted, namely: — ‘(a) “consideration” includes– (i) any amount that is payable for the taxable services provided or to be provided; (ii) any reimbursable expenditure or cost incurred by the service provider and charged, in the course of providing or agreeing to provide a taxable service, except in such circumstances, and subject to such conditions, as may be prescribed; (iii) any amount retained by the lottery distributor or selling agent from gross sale amount of lottery ticket in addition to the fee or commission, if any, or, as the case may be, the discount received, that is to say, the difference in the face value of lottery ticket and the price at which the distributor or selling agent gets such ticket. ’.
Section 73 of the 1994 Act - Recovery of service tax not levied or paid or short-levied or short-paid or erroneously refunded (i) after sub-section (1 A), the following sub-section shall be inserted, namely: — “(1 B) Notwithstanding anything contained in sub-section (1), in a case where the amount of service tax payable has been self-assessed in the return furnished under sub-section (1) of section 70, but not paid either in full or in part, the same shall be recovered along with interest thereon in any of the modes specified in section 87, without service of notice under sub-section (1). ”; (ii) sub-section (4 A) shall be omitted Section 73 is being amended in the following manner: a new sub-section (1 B) is being inserted to provide that recovery of the Service Tax amount self-assessed and declared in the return but not paid shall be made under section 87, without service of any notice under sub-section (1) of section 73; and sub-section (4 A) that provides for reduced penalty if true and complete details of transaction were available on specified records, is being omitted.
Rationalisation of provisions relating to penalties Section 76 is being amended to rationalize the provisions relating to penalties, in cases not involving fraud or collusion or wilful mis-statement or suppression of facts or contravention of any provision of the Act or rules with the intent to evade payment of Service Tax, in the following manner, I. penalty not to exceed ten per cent. of Service Tax amount involved in such cases; II. no penalty is to be paid if Service Tax and interest is paid within 30 days of issuance of notice under section 73 (1); III. a reduced penalty equal to 25% of the penalty imposed by the Central Excise officer by way of an order is to be paid if the Service Tax, interest and reduced penalty is paid within 30 days of such order; and IV. if the Service Tax amount gets reduced in any appellate proceeding, then the penalty amount shall also stand modified accordingly, and benefit of reduced penalty ( 25% of penalty imposed) shall be admissible if service tax, interest and reduced penalty is paid within 30 days of such appellate order.
Section 78 is being amended to rationalize penalty, in cases involving fraud or collusion or wilful mis-statement of suppression of facts or contravention of any provision of the Act or rules with the intent to evade payment of Service Tax, in the following manner, I. penalty shall be hundred per cent of Service Tax amount involved in such cases; II. a reduced penalty equal to 15% of the Service Tax amount is to be paid if Service Tax, interest and reduced penalty is paid within 30 days of service of notice in this regard; III. a reduced penalty equal to 25% of the Service Tax amount, determined by the Central Excise officer by an order, is to be paid if the Service Tax, interest and reduced penalty is paid within 30 days of such order; and IV. if the Service Tax amount gets reduced in any appellate proceeding, then the penalty amount shall also stand modified accordingly, and benefit of reduced penalty (25%) shall be admissible if Service Tax, interest and reduced penalty is paid within 30 days of such appellate order.
Insertion of new section 78 B New Sec 78 B – transitory provisions “ 78 B. (1) Where, in any case, –– (a) service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and no notice has been served under sub-section (1) of section 73 or under the proviso thereto, before the date on which the Finance Bill, 2015 receives the assent of the President; or (b) service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded and a notice has been served under sub-section (1) of section 73 or under the proviso thereto, but no order has been passed under sub-section (2) of section 73, before the date on which the Finance Bill, 2015 receives the assent of the President, then, in respect of such cases, the provisions of section 76 or section 78, as the case may be, as amended by the Finance Act, 2015 shall be applicable. (2) Notwithstanding anything contained in sub-section (1), in respect of cases falling under the provisions of sub-section (4 A) of section 73 as was in force prior to the date of coming into force of the Finance Act, 2015, where no notice under the proviso to sub-section ( 1) of section 73 has been served on any person or, where so served, no order has been passed under sub-section (2) of section 73, before such date, the penalty leviable shall not exceed fifty per cent. of the service tax. ”
Transitory provisions A new section 78 B is being inserted to prescribe, by way of a transition provision, that, amended provisions of sections 76 and 78 shall apply to cases where either no notice is served, or notice is served under sub-section (1) of section 73 or proviso thereto but no order has been issued under subsection (2) of section 73, before the date of enactment of the Finance Bill, 2015; and in respect of cases covered by sub-section (4 A) of section 73, if no notice is served, or notice is served under proviso to sub-section (1) of section 73 but no order has been issued under sub-section (2) of section 73, before the date of enactment of the Finance Bill, 2015, penalty shall not exceed 50% of the Service Tax amount.
Section 80 that provided for waiver of penalty in certain circumstances is being omitted. Amendment to Sec 86 - Revision by Central Government First Proviso is being inserted in Section 86 to prescribe that remedy against the order passed by Commissioner (Appeals) in relation to export of services and the matter relates to grant of rebate of service tax on in a matter involving rebate of Service Tax on input services or rebate of duty paid on inputs used in providing such service, such matters shall be heard and decided by the Central government u/s 35 EE of the Central Excise Act. Revision application to be filed with Central government u/s 35 EE of the Central Excise Act. Second Proviso is being inserted to provided that all appeals filed in Tribunal after the date the Finance Act, 2012 came into effect (28. 5. 12) and pending on the date of enactment of Finance Bill, 2015 shall be transferred and dealt in accordance with section 35 EE of the Central Excise Act.
In section 86 of the 1994 Act, in sub-section (1), –– (a) for the words “Any assessee”, the words “Save as otherwise provided herein, an assessee” shall be substituted; (b) the following provisos shall be inserted, namely: – “Provided that where an order, relating to a service which is exported, has been passed under section 85 and the matter relates to grant of rebate of service tax on input services, or rebate of duty paid on inputs, used in providing such service, such order shall be dealt with in accordance with the provisions of section 35 EE of the Central Excise Act, 1944: Provided further that all appeals filed before the Appellate Tribunal in respect of matters covered under the first proviso, after the coming into force of the Finance Act, 2012, and pending before it up to the date on which the Finance Bill, 2015 receives the assent of the President, shall be transferred and dealt with in accordance with the provisions of section 35 EE of the Central Excise Act, 1944. ”.
The above stated changes in the Finance Act, 1994, shall get incorporated in the said Act on the day the Finance Bill, 2015 is enacted. ( 66 F to 86) Notification No. 42/2012 -ST - providing for exemption to the service provided by a commission agent located outside India and engaged under a contract or agreement or any other document by the exporter in India, to act on behalf of the exporter, to cause sale of goods exported by him (rescinded by Notification No. 3/2015)
Amendments to Service Tax Rules, 1994 In respect of any service provided under aggregator model, the aggregator, or any of his representative office located in India, or an agent appointed by the aggregator are being made liable to pay Service Tax if the service is so provided using the brand name of the aggregator in any manner. (amendments to Rule 2 STR 1994 and Notification. 30/2012 wef 1. 3. 15) 2(1)(aa) aggregator means a person, who owns and manages a web based software application, and by means of the application and a communication device, enables a potential customer to connect with persons providing service of a particular kind under the brand name or trade name of the aggregator Rule 4 is being amended to provide that the CBEC shall, by way of an order, specify the conditions, safeguards and procedure for registration in service tax. Registration for single premises to be granted within two days of filing the application. ( Not. No 5/2015 - ST dt 1. 3. 2015, Order. No 1/15 - ST)
Rule 4 C , 5(4) and 5(5) are inserted to provide for authentication of invoice, bill, challan or consignment note by digital signature and also provides an option to maintain records in electronic form and their authentication by digital signature Rule 6 (6 A) which provided for recovery of service tax self-assessed and declared in the return under section 87 is being omitted consequent to the amendment in section for enabling such recovery. This change will come into effect from the date of enactment of the Finance Bill, 2015. Rule 6(7) – air travel agent, 6(7 A) – insurer – life insurance business, 6(7 B) – money changers, 6(7 C) – Lottery distributor or Selling agent, allows for payments of service tax at alternative rates subject to conditions prescribed. The alternative rates are revised upwards on revision of ST rates ( will come into effect as and when revised rates come into effect)
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