union budget 2016 - service tax changes

2016 UNION BUDGET

ANALYSIS ON CHANGES RELATING TO

SERVICE TAX

R. Venkatakrishnan & Associates

Finance Act, 1994

RVK & Associates Location – Chennai, Bangalore, Hyderabad, Salem & Devanahalli

Krishi Kalyan Cess

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Proposed Provisions

An enabling provision is being made to levy Krishi Kalyan Cess on all taxable services

Objective is to finance and promote initiatives to improve agriculture

Proposed Tax Rate is 0.5% All Provisions of refunds, exemptions from tax, interest and

imposition of penalty will also be applicable to this Cess CENVAT credit of this cess will be available for payment of this

cess

Effective from1.6.2016

Definition of Service

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Statutory Reference – Section 65B(44)

Proposed Amendment:

Explanation 2 in section 65B (44) of the Finance Act, 1994 is being amended so as to clarify that any activity carried out by a lottery distributor or selling agent of the State Government is leviable to Service Tax.

Effective from – After the finance bill 2016 is enacted

Interest on Late Payment of ST

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Statutory Reference – Section 75

Existing Provisions: Interest for delay in Payment of Service Tax which ranges between 18% to 30% depending delay in days.

New Provisions: Interest rates on delayed payment across all indirect taxes are being

rationalized Uniform rate at 15% where service tax is not collected In case where Service Tax is collected but not deposited to the exchequer,

interest rate will be 24%.

Note: If the value of taxable services rendered in the preceding year is less than Rs. 60 Lakh, then the rate of interest will reduce by 3%.

Notification – 13/2015 & 14/2015Effective date – Date to be notified

Timeline for Issue of Show Cause Notice (SCN)

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Statutory Reference: Section 73

Section 73 of the Finance Act, 1994 is being amended so as to increase the time line for issue of Show Cause Notice for short levy/non levy/short payment/non-payment/erroneous refund of Service Tax.

The Existing Time limit of 18 months is extended to 30 months

Miscellaneous Provisions

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Statutory Reference: Section 89, 90 & 91

Ceiling limit for Offences and Penalties committed is increased from 50L to 2cr

Monetary limit for launching prosecution under Section 90 & 91is increased from Rs. 1 cr to Rs. 2 cr of Service Tax evasion i.e., tax is collected the tax but not deposited it to the exchequer

Service Tax Rules, 1994


Quarterly Payment of Service Tax

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Statutory Reference: Rule 6

Existing Provision: As per Rule 6 of Service Tax Rules, 2004, periodicity for payment of

service tax for Individuals and Partnership firms is on quarterly basis.

New Provision: In addition to Individuals and Partnership firms, even for ‘One Person

Company’ (OPC) and HUF periodicity for payment of Service tax will be on Quarterly basis.

Notification No. – 19/2016 Effective date – 1.4.16

Payment of Service Tax on Receipt Basis for OPC

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Statutory Ref: Rule 6

Existing Provision: In case of Individuals and Partnership firms whose aggregate

value of taxable services is less than 50L rupees in the previous financial year then the service provider has the option to pay tax on receipt basis.

New Provision: In addition to Individuals and partnership firms, One person

company (OPC) can avail the benefit of paying tax on receipt basis.


Life Insurance Premium – Single Premium annuityExisting Provision: An insurer carrying on life insurance business shall have the option to

pay tax either On the gross premium charged from a policy holder reduced by the

amount allocated for investment or savings on intimation to the policy holder

Or at 3.5% of the premium charged in the first year and 1.75% of the premium charged in the subsequent years.

New Provision: The rate of Service Tax on single premium annuity (insurance) policies

is being reduced from 3.5% to 1.4% of the premium, in cases where the amount allocated for investment, or savings on behalf of policy holder is not intimated to the policy holder at the time of providing of service

Notification No. 19/2016 Effective Date – 1.4.16

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Annual Return

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New Provision:

In addition to filing half yearly service tax returns under Rule 7, assessee will also be required to file an annual return

Timeline to file the return is 30th day of November of the succeeding financial year to which it pertains

The Central Government will notify class of assessee’s who need not file the annual return

Form and manner of the return will be specified in due course of time. The Annual Return filed can be revised within a period of one month from

the date of submission of the said annual return In case of delay in filing the annual return, penalty at Rs. 100 per day for

the period of delay in filing of such return, subject to a maximum of Rs. 20,000 will be required to be paid.

Notification – 19/2016 Effective date - 1.4.2016.

Declared Service


Declared Service

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Statutory Ref: Section 66E

Under transfer of goods by way of hiring, leasing, licensing without transfer of right to use such goods, it is clarified that Assignment of the right by the Government to use the radio-frequency spectrum and subsequent transfers thereof is being declared as a service.

This clarification is provided as to make it clear that assignment of right to use the spectrum is a service leviable to Service Tax and not sale of intangible goods.

Negative List


Transport of Passenger by Stage Carriage

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Existing Provision: Services of transportation of passengers, with or without accompanied

belongings, by a stage carriage’ was Exempted.

New Provision: The above services, if rendered by a Air Conditioned Stage Carriage will be

taxable from 1st June, 2016

As per Motor Vehicles Act, 1988 “Stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey;

Similar to Contract Carriage, abatement of 60% can be availed. However, credit of inputs, input services and capital goods will not be allowed.


Education Service

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The Negative List entry covering ‘educational services by way of(a) pre-school education and education up to higher and secondary school or equivalent, (b) education as a part of a curriculum for obtaining a qualification recognized by any law for the time being in force and (c) education as a part of an approved vocational education course

Is omitted.

However, the exemption shall continue by way of exemption notification No. 25/2012 – ST (Mega Exemption Notification)

Although these services may not be taxable now as it is included under Mega Exemption Notification. However, the Government can bring any of the above service tax under the purview of service tax by amending Notification No. 25


Mega Exemption Notification


Senior Advocates & Arbitrary Tribunal

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Existing Provision: There is no bifurcation between services rendered by a senior advocate

and other advocates Further, services provided by a person represented on an arbitral

tribunal to an arbitral tribunal is also exempted.

New Provision: Services provided by a senior advocate to an advocate or partnership

firm of advocates, and a person represented on an arbitral tribunal to an arbitral tribunal will be taxable.

Senior Advocate - An advocate may, with his consent, be designated as senior advocate if the Supreme Court or a High Court is of opinion that by virtue of his ability standing at the Bar or special knowledge or experience in law he is deserving of such distinction (Section 16 of Advocates Act, 1961)


Metro & Mono Rail

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Existing Provision: Sl. 14. provides for exemption of service tax on construction,

erection, commissioning or installation of original works pertaining to monorail or metro

New Provision: Service tax will be applicable on all Contracts pertaining to

construction, erection, commissioning or installation of original works pertaining to monorail or metro entered into on or after 1st March 2016.


Housing Services

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New Provision:

Sub-clause (ca) is added to Sl. No. 14 which provides exemption for

(ca) low cost houses up to a carpet area of 60 square metres per house in a housing project approved by the competent authority under:

(i) the “Affordable Housing in Partnership” component of the Housing for all (Urban) Mission/Pradhan Mantri Awas Yojana;(ii)any housing scheme of a State Government.”.


Construction Services Rendered to Govt.

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New Provision:Sl. No. 12A is inserted which restored services that was removed via Finance

Budget, 2015. “12A. 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) 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 structure meant predominantly for use as (i) an educational, (ii) a clinical, or(iii) an art or cultural establishment; or(c) 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;

under a contract which had been entered into prior to the 1st March, 2015 and on which appropriate stamp duty, where applicable, had been paid prior to such date provided that nothing contained in this entry shall apply on or after the 1St April, 2020

Notification No. – 9/2016Effective date – 1.3.16

Construction of Airports & Ports

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New Provision:

Exemption from Service Tax on services by way of construction, erection, etc. of original works pertaining to an airport, port was withdrawn with effect from 1.4.2015.

The same is being restored for the services provided under a contract which had been entered into prior to 01.03.2015 and on which appropriate stamp duty

The exemption is being restored till 31.03.2020. Notification No. – 9/2016 Effective date – 1.3.16

Transport of Passengers by ropeway, cable car etc.

RVK & Associates

Existing Provision: Sl. No. 23 provides for exemption on the services of

transport of passengers, with or without accompanied belongings, by ropeway, cable car or aerial tramway

New Provision: These services will now be taxable from 1st April, 2016. Notification No. – 9/2016 Effective date – 1.4.16

Artist

RVK & Associates

Existing Provision: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 1 lakh rupees.

New Provision:“The threshold exemption of Rs. 1 lakh is being enhanced to Rs 1.5 lakh charged per event.


Indian Institute of Management (IIM)

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New Exemption : Services provided by the Indian Institutes of Management

(IIM), as per the guidelines of the Central Government, to their students, by way of the following educational programmes, except Executive Development Programme, 2 yr full time residential Post Graduate Programmes in

Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT), conducted by Indian Institute of Management;

fellow programme in Management; 5year integrated programme in Management.”;


List of Services Exempted

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Services by way of transportation of goods by an aircraft from a place outside India up to the customs station of clearance in India

Services provided by Employees ‟Provident Fund Organisation (EPFO) to persons governed under the Employees‟ Provident Funds and Miscellaneous Provisions Act, 1952

Services provided by Insurance Regulatory and Development Authority of India (IRDA) to insurers under the Insurance Regulatory and Development Authority of India Act, 1999

Services provided by Securities and Exchange Board of India (SEBI) set up under he Securities and

List of Services Exempted … cont’d

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Services provided by Securities and Exchange Board of India (SEBI) set up under he Securities and Exchange Board of India Act, 1992(15 of 1992) by way of protecting the interests of investors in securities and to promote the development of, and to regulate, the securities market

Services provided by National Centre for Cold Chain Development under Ministry of Agriculture, Cooperation and Farmer’s Welfare by way of cold chain knowledge dissemination

Services of assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill Development & Entrepreneurship are being exempted from Service Tax

With effect from 1.4.2016

Abatement


Rail Transport - Goods

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Existing Provision: Currently, for transport of goods by rail abatement of 70% is provided. For availing the abatement, CENVAT Credit on inputs, capital goods and

input services is not allowed

New Provisions: Under the amended provisions,

For transport of goods by rail in containers by rail (other than Indian Railways) abatement is 60%.

For transport of goods by rail other than the above abatement is 70%

Note: CENVAT on input services is allowed


Rail Transport - Passenger

RVK & Associates

Existing Provision: Currently, for transport of passengers with or without

accompanied belongings by rails abatement of 70% is provided.

For availing the abatement, CENVAT Credit on inputs, capital goods and input services is not allowed

New Provisions: Under the amended provisions, CENVAT Credit on input

services is allowed.


GTA Service for Household

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Existing Provision: In respect service of Goods transport agency, abatement

rate is 70%.

New Provisions: The amended provisions provides abatement rate of 70%

in case of goods transport agency used for goods other than household goods

In case of household goods, the abatement rate is 60%


Services provided by a Foreman of Chit fundNew Provision:

Services provided by a foreman of chit fund in relation to chit will be eligible for abatement of 70%.

However, CENVAT credit on inputs, capital goods and input services, used for providing the taxable service should have not been taken under the provisions of the CENVAT Credit Rules, 2004

Notification No. – 8/2016 Effective from – 1.4.2016

RVK Associates Location – Chennai, Bangalore, Hyderabad, Salem & Devanahalli

Transport of Goods in a Vessel

Existing Provision: For transport of goods in a vessel, abatement of 70% is

provided. For availing the abatement, CENVAT Credit on inputs,

capital goods and input services is not allowed

New Provisions: Under the amended provisions, CENVAT Credit on input

services is allowed.



Construction Service

RVK & Associates

Existing Provision:In respect of services by way of construction of residential

complex, building, civil structure, or a part thereof If the carpet area of the unit is less than 2000 sq ft and

the if the amount charged is less than Rs. 1cr then abatement rate is 75%.

If any of the conditions were not fulfilled then the abatement rate will be 70%.

New Provisions: The abatement rate is now rationalized at 70%


Tour Operator Service

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Existing Provision: Currently, services of tour operator in relation to packaged tour was

given abatement of 75% Further, if the tour operator provides services solely of arranging or

booking accommodation then the abatement rate is 90% In other cases it was 60%.

New Provisions: The amended provisions have rationalized the abatement wherein

If the tour operator provides services solely of arranging or booking accommodation then the abatement rate is 90

In other cases it is 70%.


Rent a Cab Service

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In the Finance Budget, 2016 an explanation is added in the notification wherein for the purpose of availing abatement under Rent-a-cab service, amount charged by the service provider shall be the sum total of the amount charged for the rent a cab service including the fair market value of all goods (including fuel)


CENVAT Credit Rules, 2004


Time Limit to File the Refund Claim

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Statutory Provisions: Rule 5 Refund application should be filed within one year from the relevant date as

prescribed in Section 11B of the Central Excise Act, 1944 Relevant date as per Section 11B for exporter of service is one year from the

date of payment to the vendor.

New Provision: For export of services, time limit to file service tax refund claim is 1 year from

the date of :(a) receipt of payment, where provision of service has been completed prior to receipt of such payment; or(b) issue of invoice, where payment, for the service has been received in advance prior to the date of issue of the invoice.

Notification – 14/2015 – CE(NT)With Effect from 1.3.2016

RVK Associates

CENVAT Credit for BanksStatutory Ref: Rule 6(3B)

Existing Provision: Sub-rule (3B) provides that in case of banking company and financial

institution including non-banking financial company, providing Banking and other Financial Services, they shall pay for every month an amount equal to 50% of the CENVAT credit availed on inputs and input services in that month

New Provision: The above rule is amended to allow banks and other financial institutions to

reverse credit in respect of exempted services on actual basis in addition to the option of 50% reversal

Notification – 13/2016 CE (NT)Effective date -1.4.2016

Miscellaneous


Miscellaneous Provisions

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Service tax on the services of Information Technology Software on media bearing RSP is being exempted from Service Tax with effect from 1st March, 2016 provided Central Excise duty is paid on RSP in accordance with Section 4A of the Central Excise Act.

Mutual exclusiveness of levy of excise duty and Service Tax on Information Technology Software in respect of software recorded on media “NOT FOR RETAIL SALE” is being ensured by exempting from excise duty only that portion of the transaction value on which Service Tax is paid.

Services provided by approved biotechnology incubators to incubatees are being exempted from Service Tax with effect from 1st April, 2016

Miscellaneous Provisions… cont’d

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For cases pending before Commissioner (Appeals), Indirect tax Dispute Resolution Scheme, 2016 Scheme is being introduced.

Assessee can resolve the dispute by paying tax, interest and penalty equivalent to 25% of duty after which the pending proceedings against the assessee will be closed and he will also get immunity from prosecution. However, this scheme will not apply in cases:

a) where prosecution has already been launchedb) involving narcotics & psychotropic substancesc) involving detention under Conservation of Foreign

Exchange and Prevention of Smuggling Activities Act.

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Disclaimer

This information contained herein is of limited analysis of the topics covered. Further, many of the contents of this document are subject to approval of Finance Bill by the Parliament and its assent by the President of India.

This document is prepared only as guiding tool reflecting highlights of Union Budget 2015. While every care has been taken in the preparation of this document, it may contain inadvertent errors for which we shall not be held responsible. No one should act on such information without appropriate professional advice. We accept no responsibility for loss arising from any action taken or not taken by anyone using this material and information.


union budget 2016 - service tax changes

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