This PPT talks about the services rendered outside the Territorial waters and the Service Tax applicability on the same. Under the International Law, recent developments have shown that the territory of a country, for exercising their jurisdictional rights and internal laws, has been extended to the Continental shelf and the Exclusive Economic Zones. But the rights given to the coastal country are limited and restricted. When compared with the previous notification passed by the Central Government, now the service tax will be charged irrespective of the area being designated or non-designated in the EEZ and the Continental shelf. This paper will analyse the implementations of the new amended notification. It will also compare the new notification with the other notifications of the Customs & Excise Act and Income Tax Act for drawing an extent of the applicability of the act to the territory of India, whether or not Service Tax can be charged for an area outside the territorial waters.
This PPT talks about the services rendered outside the Territorial waters and the Service Tax applicability on the same. Under the International Law, recent developments have shown that the territory of a country, for exercising their jurisdictional rights and internal laws, has been extended to the Continental shelf and the Exclusive Economic Zones. But the rights given to the coastal country are limited and restricted. When compared with the previous notification passed by the Central Government, now the service tax will be charged irrespective of the area being designated or non-designated in the EEZ and the Continental shelf. This paper will analyse the implementations of the new amended notification. It will also compare the new notification with the other notifications of the Customs & Excise Act and Income Tax Act for drawing an extent of the applicability of the act to the territory of India, whether or not Service Tax can be charged for an area outside the territorial waters.
Declared Services (Section 66E of Finance Act, 1994)Rajat Agrawal
A presentation on Section 66E of Finance Act, 1994 - Declared Services. The presentation was made in an attempt to be simple, yet comprehensive for seminar purposes.
Presentation on service tax Act 1994, for undergraduate commerce students of Goa University. Includes historical background, year wise tax collection e for last 20 years and procedural aspect of service tax Act 1994 with latest amendments are covered.
On 16 March 2012, the Honorable Finance Minister of India presented in the Parliament the country's Finance Bill for 2012-13, containing proposals on direct and indirect taxes, and key policy initiatives.
In this regard , we are pleased to release the update capturing the key amendments proposed by Finance Bill 2012, in Service Tax provisions of Indian Indirect Tax Law.
The key highlights of the major changes suggested are as follows:
Introduction of Negative List.
Changes in the rate of tax.
Changes in Valuation Rules.
Point of Taxation Rules amended.
We hope this makes for an interesting and informative read.
Service tax continues to be a complex tax law. The makers of law, in effort to project GST as the future law, preferred to ignore the agony of the tax payer in its current form.
The way things are moving GST is not slated to be a better tax law and shall give more pain than relief. The debate on GST is going to be a long battle. Advisable to digest the present service tax law as in all probability it would form basis for the new law.
Meaning of the term "Service" in Service tax as per Finance Act, 1994Abhinav Chhabra
A comprehensive analysis of the definition of the term "Service" as per Finance Act, 1994. This presentation will guide about what all are the services that can be liable to service tax subject to other provisions of the Finance Act, 1994.
Declared Services (Section 66E of Finance Act, 1994)Rajat Agrawal
A presentation on Section 66E of Finance Act, 1994 - Declared Services. The presentation was made in an attempt to be simple, yet comprehensive for seminar purposes.
Presentation on service tax Act 1994, for undergraduate commerce students of Goa University. Includes historical background, year wise tax collection e for last 20 years and procedural aspect of service tax Act 1994 with latest amendments are covered.
On 16 March 2012, the Honorable Finance Minister of India presented in the Parliament the country's Finance Bill for 2012-13, containing proposals on direct and indirect taxes, and key policy initiatives.
In this regard , we are pleased to release the update capturing the key amendments proposed by Finance Bill 2012, in Service Tax provisions of Indian Indirect Tax Law.
The key highlights of the major changes suggested are as follows:
Introduction of Negative List.
Changes in the rate of tax.
Changes in Valuation Rules.
Point of Taxation Rules amended.
We hope this makes for an interesting and informative read.
Service tax continues to be a complex tax law. The makers of law, in effort to project GST as the future law, preferred to ignore the agony of the tax payer in its current form.
The way things are moving GST is not slated to be a better tax law and shall give more pain than relief. The debate on GST is going to be a long battle. Advisable to digest the present service tax law as in all probability it would form basis for the new law.
Meaning of the term "Service" in Service tax as per Finance Act, 1994Abhinav Chhabra
A comprehensive analysis of the definition of the term "Service" as per Finance Act, 1994. This presentation will guide about what all are the services that can be liable to service tax subject to other provisions of the Finance Act, 1994.
RSM India - Service Tax Regulations In India-An Insight (2013)RSM India
This publication by RSM India group (dated September 2013) intends to provide a broad overview of Service Tax Regulations prevalent in India and primary assistance to those transacting service business in India.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
2. This presentation covers –
Negative List Approach – Overview
Goods & Service Tax- Overview
Professional Opportunities
3. Indian Economy – An overview
India’s economy is the 11th largest economy in the world
and the second fastest growing even in today’s recession
World is presently facing recession-II but Indian economy
is still better than comparable economies.
Agriculture, services and industry are the major sector of
India an economy. Contribution of different sectors in
March, 2012 was :
Agriculture 19%
Services 59%
Industry 22%
to be contd…….
3
4. Brief Overview of Services /
Service Tax Share of Services in
GDP
Agricult ure
19%
Service
Sect or
Indust ry 59%
22%
GDP C O MPO S ITIO N IN MARC H, 2012
4
5. Service Tax in India (The Past)
Introduced in India in 1994 as a simple, modest tax with just
three services.
Service tax – an indirect tax.
Approach to Service Tax – Selective as against comprehensive
one .
Desirable from revenue, equity and economic view point.
Governed by Finance Act, 1994 and a dozen of rules.
Legislative dependence on other laws.
5
6. Service Tax in India (The Past)
Selective Approach to Service Tax
Selective v. Comprehensive approach
Taxation by choice
Service not defined but taxable service defined.
> 120 taxable services [section 65(105)]
Untapped tax potential
Economically justified
6
7. Service Tax - Today
Shift to Comprehensive approach
W.e.f. 1st July 2012
Finance Act, 2012 – A land mark Act to shift from positive to
negative approach.
It took 18 years to shift from selective approach to positive
approach to tax services
Service’ defined for the first time.
‘Negative List’ and ‘declared services’ also defined.
7
8. Taxation of Services by Finance Act, 2012
All Services
(including declared Services
(-)
Specific Exclusions
(-)
Negative List Services
(-)
Exemptions
(=)
Taxable Services
8
9. Service Tax provisions no longer applicable
(w.e.f. 1.7.2012)
Section 65 Old definitions of Services / Taxable
Services
Section 65A Classification of Services
Section 66 Charge of Service Tax
Section 66A Charge of Service Tax on Services
received from outside India.
Import of Service Rules, 2006
Export of Service Rules, 2005
9
10. New Provisions in Service Tax
Section 66 B deals with charge of service tax
on the after Finance Act, 2012
Section 66 C provides for determination of
place of provision of service.
Section 66 D comprises of negative list of
services
Section 66 E comprises of the services which
constitute declared services
Section 66 F provide principles of interpretation
of specified description of services
or bundled services
10
11. The New Taxability Concept
SERVICE FOR A CONSIDERATION
9 DECLARED SERVICES
E: Employee
M: Money
A: Actionable claim E - MAGIC TEST
G: Goods
I: Immovable property
C: Court Fee
1. Non-
taxable 2. Negative
territory list (17)
(POPS)
3.
Exemption
s (39)
Taxable
11
12. Taxable of Services w.e.f. 1.7.2012
All services Taxable
[section 65B (44)]
Declared services Taxable
(section 66E)
Services covered under Not Taxable
negative list of services
(section 66D)
Services exempt under Mega Exempted
Notification No. 25/2012-ST
dated 20.6.2012
Other specified Exemptions Exempted
12
13. Scope of services under Service Tax
Services on which Service Tax shall be attracted comprise of :
Those services which satisfy the definition of service u/s 65B (44)
Nine specified declared services u/s 66E
Those services which do not find place in negative list of services
u/s 66D
Those services which are not exempt from levy of Service Tax
under Notification No. 25/2012-ST dated 20.06.2012
to be contd….
13
14. Scope of services under Service Tax
Services on which no Service Tax shall be payable comprise of :
• Service which are specifically excluded from the scope of
definition of service itself u/s 65B(44).
• 17 broad services specified in the negative list of services u/s
66D.
• Services which are exempt from levy of Service Tax under N.
No. 25/2012-ST dated 20.06.2012.
• Specified services otherwise exempt under specific
notifications.
• Activities where service provider and service receiver are in
non –taxable territory
14
15. Negative list of Services
What is negative list
• Defined in new section 66D
• Section 66D specifies seventeen 17 broad categories of services.
• Effective from 1-7-2012
• If an activity meets the characteristics of ‘ service ‘, it is taxable unless
specified in Negative List.
• Based on socio-economic–tax criterion
15
16. Sectors in Negative List
Negative list of services is drawn from seven sectors, viz.
• services provided by specified person ie, Government
• social welfare & public utilities
• financial sector
• transportation
• construction & real estate
• education
• health care
• others & miscellaneous
16
17. (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) support services, other than services covered under
clauses (i) to (iii) above, provided to business entities;
18. (b) services by the Reserve Bank of India;
(c) services by a foreign diplomatic mission located in India;
(d) services relating to agriculture by way of—
(i) agricultural operations directly related to production of any agricultural produce
including cultivation, harvesting, threshing, plant protection or seed testing;
(ii) supply of farm labour;
(iii) processes carried out at an agricultural farm including tending, pruning,
cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing,
sorting, grading, cooling or bulk packaging and such like operations which do
not alter the essential characteristics of agricultural produce but make it only
marketable for the primary market;
(iv) renting or leasing of agro machinery or vacant land with or without a structure
incidental to its use;
(v) loading, unloading, packing, storage or warehousing of agricultural produce;
(vi) agricultural extension services;
(vii) services by any Agricultural Produce Marketing Committee or Board or services
provided by a commission agent for sale or purchase of agricultural produce;
19. (e) trading of goods;
(f) any process amounting to manufacture or production
of goods;
(g) selling of space or time slots for advertisements other
than advertisements broadcast by radio or television;
(h) service by way of access to a road or a bridge on
payment of toll charges;
(i) betting, gambling or lottery;
(j) admission to entertainment events or access to
amusement facilities;
(k) transmission or distribution of electricity by an
electricity transmission or distribution utility;
20. (l) services by way of—
(i) pre-school education and education up to higher secondary school or
equivalent;
(ii) education as a part of a curriculum for obtaining a qualification
recognised by any law for the time being in force;
(iii) education as a part of an approved vocational education course;
(m) services by way of renting of residential dwelling for use as residence;
(n) services by way of—
(i) extending deposits, loans or advances in so far as the consideration is
represented by way of interest or discount;
(ii) inter se sale or purchase of foreign currency amongst banks or
authorised dealers of foreign exchange or amongst banks and such
dealers;
21. Negative list of Services
(o) service of transportation of passengers, with or
without accompanied belongings, by—
(i) a stage carriage;
(ii) railways in a class other than—
(A) first class; or
(B) an airconditioned coach;
(iii) metro, monorail or tramway;
(iv) inland waterways;
(v) public transport, other than predominantly for tourism
purpose, in a vessel of less than fifteen tonne net; and
(vi) metered cabs, radio taxis or auto rickshaws;
22. Negative list of Services
(p) services by way of transportation of goods—
(i) by road except the services of—
(A) a goods transportation agency; or
(B) a courier agency;
(ii) by an aircraft or a vessel from a place outside India to
the first customs station of landing in India; or
(iii) by inland waterways;
(q) funeral, burial, crematorium or mortuary services
including transportation of the deceased.
23. Goods & Service Tax (The Future)
GST: A Common Tax
on
Goods Services
23
24. Pre-requisites for migrating to a GST regime
• Setting up of empowered committee for GST (like VAT) which can steer the road
map into action - done
• Broaden the tax base for excise duty (presently 40% comes from petroleum
products) – being done
• Finishing area based and product based exemptions – being done
• Rationalization of concessions and exemptions including that on exports –
being done
• Expanding service tax to almost all services – now proposed
• Common/unified tax rate for goods and services which may be ideally, revenue
neutral (a suitable GST rate) – dual tax proposed
• Avoiding or minimizing differential tax rates – under discussions
• Abolition of other small taxes - under discussions
• Abolition of CST in a phased manner - being done
• Power to levy service tax on select/agreed services to States - under
discussions
• Issue of inter-State services and goods movement vis-à-vis levy of duty or tax
to be sorted out - under discussions
• Revenue sharing mechanism to be rationalized - under discussions
24
25. GST - Journey so far
Feb. 2006 : First time introduced concept of GST and announced the
date of its implementation in 2010
Jan. 2007: First GST study by ASSOCHAM released by Dr. Shome
Feb. 2007: F.M. Announced introduction of GST from 1 April 2010 in
Budget
April 2007 : CST phase out started - CST reduced to 3%, currently 1%
May 2007: Joint Working Group formed by EC
Nov. 2007: Joint Working Group submits report
April 2008 : Empowered Committee (EC) finalizes views on GST
Structure
July 2009: FM announces commitment to bring GST from April 2010
Consultation on inter-state services in progress 25
26. GST - Journey so far
Budget 2010
To achieve the roll out of GST by April 2011
Revamping of indirect tax administration at centre/
states internal work processes based on use of
information technology - massive information
technology (IT) platform
Project ACES- ‘Automation of Central Excise and
Service Tax’ rolled out
Rate of service tax retained at ten per cent
States to revamp their internal work processes
to be contd……
26
27. GST - Journey so far
Budget 2011
non-committal on timing and roll out but the Government
introduced Constitutional Amendment Bill, 2011
overall amendments targeted towards moving close to
harmonize with GST regime in future
major highlights of budget discussions/proposals on GST –
DTC and GST to mark a water shed
Decisions on GST to be taken in concert with the states
Areas of divergence between centre and states narrowed
Drafting of model legislation for central and state GST
underway
to be contd……
`
27
28. GST - Journey so far
Establishment of IT infrastructure in process (GST
network)
NSDL selected as technology partner for GST
Tax rates maintained at same level of 10% to stay on
course towards ST
Certain central excise rates changed to prepare the
ground for transition to GST by reducing number of
exemptions
Nominal central excise duty of 1% imposed on 130
items, no Cenvat credit allowed on such items.
In service tax, proposals aimed to achieve a close fit
between the present service tax regime and GST.
28
29. GST - Journey so far
Budget 2012
No announcement on GST rollout date
GST to be implemented in consultation with the States at the earliest
GST network (GSTN) likely to be in place from August, 2012
GSTN to implement common PAN based registration, return filing and
processing of payments for centre and all states on a shared platform.
Bringing closer of Service Tax and Central Excise for transition to GST
Drafting of model legislation for CGST and SGST under progress.
Common forms for Service Tax and Central Excise registration and return
proposed.
Place of Supply Rules, 2012 to trigger debate to assess issues that may arise in
taxation of inter state services for eventual launch of GST.
29
30. The GST Journey – beginning of
end…….
Past Recent Past Now & Future
National GST Dual GST ???????
…or end of beginning !!
30
31. Service Tax: Gateway to new Professional
Opportunities
Professional Practice Advance Ruling Employment with
Areas Representation Corporates- dealing with
(planning, compliances) Indirect taxes
Advisory Professional Representation
Services Opportunities in in Tribunals /
Service Tax Courts
Client Retainerships for Knowledge Management
Compliances GST awareness & Training
31
32. Service Tax: Gateway to new
Professional Opportunities
ROLE OF PROFESSIONALS UNDER SERVICE TAX
Services to the Government Services to Service Providers
Timely and correct Proper classification of
feedback on provisions taxable services
of law (Section 65A)
Compliance of Law Help in understanding
& Procedures law and its correct
interpretation
Dissemination of Knowledge
information to management & training
assessees
Knowledge sharing Tax Planning ,
with revenue officials Due Diligence
Help in tax collection Representation before
Appellate Authorities
Service tax audit GST preparedness
32
33. Service Tax: Gateway to new Professional
Opportunities
New tax, new assessees, new opportunities
Opportunities arising out of ignorance of law, lack of knowledge, poor
compliance (leading to penalties etc.) frequent amendments in law and
rules, large assessee base and heterogeneous group of assessees.
Opportunities to grow because of –
Large number of services covered
Enough scope for expansion of tax net
Rate of tax is higher, yet an upward revision is likely- higher the
rate, larger the evasion.
Service tax and GST are the tax of future and lot of opportunities can be
explored in service tax, especially by young professionals
33
34. Service Tax: Gateway to new Professional
Opportunities
Role in classification of services
Opportunities in interpretation of provisions
Emerging opportunities-
Advisory and consulting services
Tax planning issues
Interpretation of law
Contesting cases on behalf of client
Knowledge dissemination- corporate presentations / training
of client’s personnel.
Every crossroad is a choice to play safe or be brave- take a road that
your conscience tells
34
35. THANK YOU
FOR
YOUR
PRECIOUS TIME
AND
ATTENTION
Dr. Sanjiv Agarwal
FCA, FCS, Jaipur
asandco@gmail.com
sanjivservicetax@gmail.com