Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles Highlights
        Home        
 
Article Section
Home Articles Service Tax CA Akash Phophalia This
← Previous Next →

Budget VIII- Analytical view of notification and their effective date of applicability

Submit New Article
Budget VIII- Analytical view of notification and their effective date of applicability
By: CA Akash Phophalia
March 16, 2015
  • Contents

BUDGET - VIII (Notification wise changes)

Notification No

Changes

Effective Date

03/2015

01.03.2015

04/2015

  • Notification No 31/2012 dated 20.06.2012
  • Insertion of word “port, airport or land custom station” instead of “port or airport
  • Currently exemption to GTA services for “place of removal to ICD, or CFS or port or airport” and “ICS or CFS to port or airport”

01.04.2015

05/2015

 

 

 

Service Tax Rules

 

  • Rule 2(1)(aa) Definition of aggregator inserted - “aggregator” means a person, who owns and manages a web based 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”.

01.03.2015

  •  Rule 2(bca) Definition of Brand name or trade name.

01.03.2015

  • Person liable to pay service tax - aggregator of the service, or representative of aggregator or the person appointed by the aggregator.

01.03.2015

07/2015

Reverse Charge

Service Provider

Service receiver

% payable by provider

% payable by other than provider

Mutual Fund Agent or Distributor

Mutual Fund or Asset Management Company

Nil

100%

Selling or Marketing agent of lottery tickets

Lottery Distributor or Selling Agent

Nil

100%

Manpower Supply or Security services by Individual, HUF, or Partnership Firm

Body Corporate

Nil

100%

Any person involving an aggregator

Any person

Nil

100% by Aggregator or Agent or Representative

 

 

01.04.2015

05/2015

Service Tax Rules

 

 

  • New Registration Process defined.

01.03.2015

 

  • New provision for issuing digitally signed invoices is being added along with the option of maintaining of records in electronic form and their authentication by means of digital signatures. The conditions and procedure shall be specified by CBEC.

01.03.2015

 

  • Rule 6(6A) related to recovery is omitted as the same is now incorporated in Section 73.

01.03.2015

 

  • Changes is Service Tax Rates

Nature of Service

Old Rate

New Rate

Air Travel Agent

0.6% of the basic fare in case of domestic bookings

1.2% of the basic fare in case of international bookings

0.7% of the basic fare in case of domestic bookings

1.4% of the basic fare in case of international bookings

Insurer carrying life insurance business

3% of premium in first year

1.5% of premium in second year onwards

3.5 % of premium in first year

1.75% of premium in second year onwards

Money changing services

0.12 % of the gross amount of currency exchanged upto ₹ 1,00,000, subject to minimum of rupees 30

₹ 120 and 0.06% of the gross amount of currency exchanged for an amount of rupees exceeding 1,00,000 and upto ₹ 10,00,000

₹ 660 and 0.012% of the gross amount of currency exchanged for an amount of rupees exceeding 10,00,000 and subject to a maximum of ₹ 6000.

0.14 % of the gross amount of currency exchanged upto ₹ 1,00,000, subject to minimum of rupees 35

₹ 1140 and 0.07% of the gross amount of currency exchanged for an amount of rupees exceeding 1,00,000 and upto ₹ 10,00,000

₹ 770 and 0.014% of the gross amount of currency exchanged for an amount of rupees exceeding 10,00,000 and subject to a maximum of ₹ 7000.

Distributor or selling agent in organizing a lottery

 7000 on every 10 lacs of aggregate face value (Condition of payout more than 80%)

 11000 on every  10 lacs of aggregate face value (Condition of payout less than 80%)

 8200 on every  10 lacs of aggregate face value (Condition of payout more than 80%)

 12800 on every  10 lacs of aggregate face value (Condition of payout less than 80%)

 

 

Date of enactment of Finance Bill.

Notified by the Central Govt

 

06/2015

Mega Exemption Notification

Effect from date notified by Central Government

  • Intermediate production process as job work in relation to any goods excluding alcoholic liquors for human consumption on which appropriate duty is payable by the principal manufacturer. (Exemption rationalized)
  • Services by way of right to admission to (i) exhibition of cinematographic film, circus, dance or theatrical performance including drama or ballet or (ii) to recognized sporting event or (iii) to award function, concert, pagent, musical performance or any sporting event other than recognized sporting event, where the consideration for admission is not more than  500 per person. (From negative list to exemption)

New Exemptions Effect from 01.04.2015

  • Services of ambulance by way of transportation of patients are exempted. (Earlier for clinical establishment, medical practitioners and paramedics only)
  • Life insurance services under “Varishtha Pension Bima Yojna”
  • Services by operator of Common Effluent Treatment Plant by way of treatment of effluent.
  • Services of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labeling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables.
  • Services by way of admission to a museum, national park, wildlife sanctuary, tiger reserve or zoo. (Meaning of highlighted terms shall be obtained from Wild Life Protection Act 1972 and from Trade Unions Act 1926)
  • Service 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.

Exemptions withdrawn effect from 01.04.2015

  • Services to Govt, local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation or alteration of a civil structure or any other original works meant predominantly for use other than for commerce, industry or any other business or profession; a structure meant predominantly for use as (i) an educational, (ii) a clinical, (iii) an art or culture establishment; a residential complex predominantly meant for self use or the use of their employees or other persons specified in the Explanation1 to clause 44 of Section 65B of the said act.
  • Services by way of construction, erection, commissioning, or installation of original works pertaining to an airport or port.
  • Services by an artist by way of 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.
  • Exemption on transportation through rail or vessel or through road by way of GTA to foodstuff, tea, coffee, jiggery, sugar, edible oil is withdrawn and now exemption is restricted to milk, salt and food grain including flours, pulses and rice.
  • Exemption to mutual fund agents or AMC agents; distributors to mutual funds or AMC; and selling or marketing agent of lottery tickets to a distributor or a selling agent is withdrawn.
  • Services by way of making telephone calls from departmentally run public telephone, guaranteed public telephone operating only for local calls, free telephone at airport and hospital where no bills are being raised.

Notified Date

01.04.2015

08/2015

Abatement Notification no 26/2012

  • For transport of goods by rail or by GTA or by vessel and for transport of passengers by rail, uniform rate and conditions are mandated. The taxable value of services in all the cases is 30%. Further the condition for all the three is regarding non-availment of CENVAT credit on inputs, capital goods and input services.
  • Transport of passengers by air-

Earlier it was 40%, now for economy class 40% and for others 60% taxable value with the condition of non-availment of CENVAT credit on inputs and capital goods.

  • Abatement in relation to services provided to chit is withdrawn. Thus service tax is required to be paid on the consideration received by way of fee, commission, or the like at full rate and CENVAT is also available. Delhi Chit Fund Association case of 2013 says subscription to chit is transaction in money and this notification is void to that extent.

01.04.2015

 

CA Akash Phophalia

9799569294

ca.akashphophalia@gmail.com

Office No 3

Second Floor

Amrit Kalash

Residency Road

Near Bombay Motor Circle

Jodhpur - 342001

Rajasthan

 

By: CA Akash Phophalia - March 16, 2015

 

 

 
← Previous Next →
Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.