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ABATEMENT UNDER SERVICE TAX PROVISIONS – AN UPDATE

Service Tax - By: - Mr. M. GOVINDARAJAN - Dated:- 12-4-2016 Last Replied Date:- 14-4-2016 - Section 93 of Finance Act, 1994 ( Act for short) gives powers to the Central Government to grant exemptions from the levy of service tax. Section 93(1) provides that if the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally or subject to such conditions as may be specified in the notification, taxable serv .....

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ral Government issued various notifications in granting abatement to the service providers in levying the service tax. As on date, the Notification No.26/2012-ST, dated 20.06.2012 which gives the list of services and the abatement available to such services, has been amended in the present budget. The abatement granted may be with or without conditions. In this article the abatement granted to the services and the conditions imposed on them for availing such abatement is discussed. 1. Services i .....

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has not been taken under the provisions of the CENVAT Credit Rules, 2004 - with effect from 01.04.2016; 4. Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises ( including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organizing a function) together with renting of such premises - Abatement - 30% - conditions - CENVAT credit on any goods classifiable under Chapters 1 to 22 of the Central Exci .....

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of passengers by air, with or without accompanied belongings in other than economy class - 40% - conditions - CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of theCENVAT Credit Rules, 2004. - with effect from 01.04.2015; 7. Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes - Abatement - 40% - conditions - CENVAT credit on inputs and capital goods, .....

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01.07.2012; 9. Services of goods transport agency in relation to transportation of used household goods - Abatement - 60% - conditions - ENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken by the service provider under the provisions of theCENVAT Credit Rules, 2004 - with effect from 01.04.2016; 10. Services provided by a foreman of chit fund in relation to chit - Abatement - 30% - conditions - CENVAT credit on inputs, capital good .....

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4, in the following manner: Full CENVAT credit of such input service received from a person who is paying service tax on forty percent of the value; or Up to forty percent CENVAT credit of such input service received from a person who is paying service tax on full value; CENVAT credit on input services other than those specified in (ii) above, has not been taken under the provisions of the CENVAT Credit Rules, 2004- with effect from 01.07.2012; 12. Transport of passengers, with or without accomp .....

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nder the provisions of the CENVAT Credit Rules, 2004 with effect from 01.07.2012; 14. Services by a tour operator in relation to a tour, only for the purpose of arranging or booking accommodation for any person - Abatement - 90% - conditions - CENVAT credit on inputs, capital goods and input services other than input services of a tour operator, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.; The invoice, bill or challan issued i .....

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puts, capital goods and input services other than input services of a tour operator, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.; The bill issued for this purpose indicates that it is inclusive of charges for such a tour and the amount charged in the bill is the gross amount charged for such a tour; - with effect from 01.04.2016; 16. Construction of a complex, building, civil structure or a part thereof, intended for a sale to .....

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purposes of exemption at Sl. No.1- (i) The amount charged shall be an amount, forming or representing as interest, i.e. the difference between the installments paid towards repayment of the lease amount and the principal amount contained in such installments; (ii) the exemption shall not apply to an amount, other than an amount forming or representing as interest, charged by the service provider such as lease management fee, processing fee, documentation charges and administrative fee, which sha .....

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ices supplied to the service provider, if any; and (ii) the value added tax or sales tax, if any, levied thereon: Provided that the fair market value of goods and services so supplied may be determined in accordance with the generally accepted accounting principles. 3. For the purposes of exemption at Sl. No.11 - the amount charged shall be the sum total of the amount charged for the service including the fair market value of all goods (including fuel) and services supplied by the recipient(s) i .....

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