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Presented by:
CA Gaurav Gupta
FCA, LLB, DISA
Partner
MGS & Co.
+91 9811013940
Finance Act 2016
- Proposals and Analysis
Changes in rate of
Service Tax
Changes in Rate of
Service Tax
Levy of “Krishi Kalyan Cess” (KKC)
• An enabling provision is being incorporated in the Finance Bill, 2016
(Chapter VI/clause 158) to empower the Central Government to impose
KKC as service tax on all or any of the taxable services at the rate of 0.5
per cent on the value of such services.
• Now the effective rate of levy from 01.06.2016 shall be 15% viz., 14%
Service Tax plus 0.5% Swachh Bharat Cess plus 0.5% Krishi Kalyan
Cess. It is important to mention that all other rates shall correspondingly
be changed by way of amendment notification on 01.06.2016.
[effective from 01.06.2016]
Budget 2016 CA Gaurav Gupta 3
Changes in Rate of
Service Tax
S.no. Particular
Effective Service
Tax Rate
Effective Swach
Bharat Cess Rate
Effective Krishi
Kalyan Cess
A. Generic Rate - Applicable on all taxable services 14% 0.50% 0.50%
B. Non Taxable Services 0% 0% 0%
- Services provided in Non taxable Territory
- Services listed in Negative List
- Services provided without consideration
C. Wholly Exempted Services 0% 0% 0%
- Notificaiton No. 25/2012-Service Tax dated 20.06.2012 (Mega Exemption),
- Notification No 33/2012-Service Tax (SSI Exemption),
- Notification No. 14/ 2012 – Service tax (Import of Technology),
- Notification No 32/2012-Service Tax (Services by TBI / STEP),
- Notification No. 12/2013 (Services to SEZ),
- Notification No. 29/2012- Service Tax (Property tax in renting),
- Notification No. 6/2013-Service Tax (Exemption against Focus Market Scheme Scrips),
- Notification No. 7/2013-Service Tax (Exemption against Focus Product Scheme Scrips),
- Notification No. 8/2013-Service Tax (Exemption against Vishesh Krishi and Gram
Udyog Yojana),
- Notification No. 11/2015-Service Tax (Exemption against SEIS),
- Notification No. 10/2015-Service Tax (Exemption against MESI)
Budget 2016 CA Gaurav Gupta 4
Changes in Rate of
Service Tax
S.No. Income Heads
Rates Effective From
01.06.2016
Taxable
Value
Total Effective Tax
Rate (including Cess)
1 Services in relation to financial leasing including hire purchase 10% 1.50%
2 Transport of Goods in containers by rail by any person other than Indian
Railways
40% 6.00%
2A Transport of Goods by Rail other than as specified above 30% 4.50%
3 Transport of Passengers with or without accompanied belongings by Rail 30% 4.50%
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
70% 10.50%
5 Transport of passengers by air with or without accompanied belongings
in economy class
40% 6.00%
5A Transport of passengers by air in higher class 60% 9.00%
6 Renting of inns, hotels, Guest houses, clubs, campsites or other
commercial places meant for residential or lodging purposes
60% 9.00%
7 Services of goods transport agency in relation to transportation of goods
other than household goods
30% 4.50%
Budget 2016 CA Gaurav Gupta 5
Changes in Rate of
Service Tax
S.No. Income Heads
Rates Effective From
01.06.2016
Taxable
Value
Total Effective Tax
Rate (including
Cess)
7A Services of goods transport agency in relation to transportation of
household goods
40% 6.00%
8 Services provided by a foreman of chit fund in relation to chit 30% 4.50%
9 Renting of motor cab designed to carry passengers 40% 6.00%
9A Transport of passengers, with or without accompanied belongings, by a
contract carriage other than motorcab or a radio taxi or a stage carriage
40% 6.00%
10 Transport of goods in a vessel 30% 4.50%
11 Services by Tour operator in relation to Solely of arranging or booking
accommodation
10% 1.50%
11A Services by Tour operator in relation to tours other than 11 30% 4.50%
12 Construction of a complex, building, civil structure or a part thereof,
intended for a sale to a buyer, wholly or partly except where entire
consideration is received after issuance of completion certificate by the
competent authority
30% 4.50%
Budget 2016 CA Gaurav Gupta 6
Changes in Rate of
Service Tax
Services where valuation is determined
Particular Taxable Value
Effective
Service Tax
Rate Effective SBC Effective KKC
Total
Effective Tax
Rate
Works Contract - Original Works 40% 5.60% 0.20% 0.20% 6.00%
Works Contract - Others 70% 9.80% 0.35% 0.35% 10.50%
Restaurant 40% 5.60% 0.20% 0.20% 6.00%
Outdoor Catering 60% 8.40% 0.30% 0.30% 9.00%
Budget 2016 CA Gaurav Gupta 7
Changes in Rate of
Service Tax
F. Reverse Charge Mechanism
Taxability of Domestic Reverse Charge Liability
S.No. Service
Rates Effective From June 1, 2016
Taxable
Value
Effective
Service Tax
Rate
Effective
Swach Bharat
Cess Rate
Effecive
Krishi Kalyan
Cess
Total
effective Tax
1 Rent A Cab - with abatement 40% 5.60% 0.20% 0.20% 6.00%
2 Rent A Cab - without abatement 50% 7.00% 0.25% 0.25% 7.50%
3 Manpower Supply 100% 14.00% 0.50% 0.50% 15.00%
4 Security Services 100% 14.00% 0.50% 0.50% 15.00%
5 Payment to Advocates and Lawyers 100% 14.00% 0.50% 0.50% 15.00%
6 Payment for Spnsorship 100% 14.00% 0.50% 0.50% 15.00%
7 Transportation of Goods By Road 30% 4.20% 0.15% 0.15% 4.50%
8 Payment to Independent Director 100% 14.00% 0.50% 0.50% 15.00%
9 Works Contract- For Original Works 20% 2.80% 0.10% 0.10% 3.00%
9 Works Contract- For Other Works 35% 4.90% 0.18% 0.18% 5.25%
10 Payment to Arbiteral tribunal 100% 14.00% 0.50% 0.50% 15.00%
Budget 2016 CA Gaurav Gupta 8
Changes in Rate of
Service Tax
Point of Taxation (Date of applciability – 01.06.2016)
Situation Services provided Invoice Issued Payment received
Whether KKC
applicable
Situation A Before Before Before No
Situation B Before Before After Yes
Situation C Before After After Yes
Situation D Before
On or before
14.06.2016 Before No
Situation E Before After 14.06.2016 Before Yes
Situation F After
On or before
14.06.2016 Before No
Situation G After After 14.06.2016 Before Yes
Situation H After Before Before No
Situation I After Before After Yes
Situation J After After After Yes
Budget 2016 CA Gaurav Gupta 9
Changes in Rate of
Service Tax
Levy of Service Tax on distributors of Lottery
• Explanation 2 in section 65B(44) (definition of “Service”) is proposed to be
amended to clarify that activity carried out by a lottery distributor or selling
agents of the State Government under the provisions of the Lotteries
(Regulation) Act, 1998 (17 of 1998), is leviable to service tax.
• It is forsen that such levy shall be put to test in Court again by such
distributors / agents in light of the decision in case of Future Gaming
Solutions Pvt Ltd. v UOI[2015 (37) S.T.R. 65 (Sikkim)].
[effective from the date of enactment of Finance Bill, 2016]
Budget 2016 CA Gaurav Gupta 10
Changes in
Negative List
Changes in Negative List
Education Services omitted from Negative List
• Education services of preschool, higher secondary, recognized degree
courses and certain approved vocational courses found place in negative
list till now. Such services have been proposed to be introduced in
Exemption notification from the date of enactment of Finance Bill. The
move hints at certain more services in education space to be made taxable
soon.
effective from the date of enactment of Finance Bill, 2016]
Budget 2016 CA Gaurav Gupta 12
Changes in Negative List
All Services of Government to Business entity made taxable
• Earlier only support services (other than renting) when provided by
Government to a business Entity, were liable for payment of Service Tax.
• It has thus, been proposed by Finance Bill, 2015, that all services other
than services specified in Section 66D(i) to (ii) when provided by
Government, or a local authority to a business entity be charged to
Service Tax. Accordingly, all services provided by government to a
Business Entity shall hence forth be taxable.
[effective from date to be Notified]
Budget 2016 CA Gaurav Gupta 13
Changes in Negative List
Services of transportation of passenger by stage carriage made taxable
• Earlier, transportation of passenger by stage carriage was in negative list.
The entry is being deleted. Thus, the various mode of passenger
transportation and their taxability after 01.06.2016 shall be as follows:
[effective from 01.06.2016]
Negative List CA Gaurav Gupta 14
Mode of transportation of passenger by Road Taxability post
01.06.2016
Change in position prior
to 01.06.2016
Transportation of passenger by Non air-conditioned
Contract carriage other than for tourism, conducted tour,
hire or charter
Includes Maxi cab and motor cab
Non - Taxable No Change
Transportation of passenger by air conditioned Contract
carriage
Taxable No Change
Radio Taxi Taxable No Change
Air-conditioned Stage Carriage Taxable Changed from non
taxable
Non Air conditioned Stage carriage Exempt Non taxable
Rent- a-cab Taxable Taxable
Changes in Negative List
Transportation of goods from outside India to India made taxable
• Services by way of transportation of goods by an aircraft or a
vessel from a place outside India upto the customs station of
clearance in India was in negative list and was thus, non taxable.
Though such services were taxable as per the provisions of Rule
10 of Place of Provision Rules, 2012, however because of
negative list, such transportation was not taxable. Finance Bill
2016 has proposed to delete the entry from negative list.
• Accordingly, Service Tax would be payable all Indian ship liners
on such transportation of goods. Also, in case of foreign
shipliners, such tax would be payable by persons importing such
goods. The entry would impact taxability of shipliners, multimodal
Transport operators, CHAs, GSAs etc.
[effective from 01.06.2016]
Budget 2016 CA Gaurav Gupta 15
Changes in
Exemptions
Changes in Exemptions
• Exemption in case of services provided by a Senior Advocate
Exemption has been provided in case of service provided by a senior
advocate by way of legal services to a person other than a person
ordinarily carrying out any activity relating to industry, commerce or any
other business or profession vide clause (c) of entry no. 6 of Notification
No. 25/2012 dated 20.06.2012.
[effective from April 1, 2016]
Budget 2016 CA Gaurav Gupta 17
• Exemption in case of services provided to an Arbitral Tribunal withdrawn
Services provided by a person represented on an arbitral tribunal to an
arbitral tribunal has now been made taxable by deleting clause (c) of entry
no. 6 of Notification No. 25/2012 dated 20.06.2012.
[effective from April 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 18
Exemption to services provided by the Indian Institute of Management
• Services provided by the Indian Institutes of Management (IIM) by way of
2 year full time Post Graduate Programme in Management(PGPM) (other
than executive development programme), admissions to which are made
through Common Admission Test conducted by IIMs, 5 year Integrated
Programme in Management and Fellowship Programme in Management
are being exempted from service tax.
[effective from April 1, 2016]
Exemption to folk artists enhanced
• The threshold exemption limit of consideration charged for services
provided by a performing artist in folk or classical art forms of music, dance
or theatre, is being increased from Rs 1 lakh to Rs 1.5 lakh per
performance.
[effective from April 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 19
Exemption to ongoing Government Construction contracts
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
However, exemption will be provided to the contract which had been entered into
prior to 1st March, 2015 and on which appropriate stamp duty, where applicable,
had been paid prior to such date. Further, exemption vide this entry will not be
applicable on or after 1st April, 2020.
[effective from March 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 20
Exemption to services of construction and allied works in low cost housing
projects of Government
Exemption has been provided against services provided by way of
construction, erection, commissioning, installation, completion, fitting out,
repair, maintenance, renovation, or alteration of,
• a civil structure or any other original works pertaining to the “In-situ
rehabilitation of existing slum dwellers using land as a resource through
private participation” under the Housing for All (Urban) Mission/Pradhan
Mantri Awas Yojana, only for existing slum dwellers
• a civil structure or any other original works pertaining to the “Beneficiary-led
individual house construction / enhancement under the Housing for All
(Urban) Mission/Pradhan Mantri Awas Yojana”
[effective from March 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 21
Exemption in case of construction activities of monorail or metro withdrawn
• Exemption against services by way of construction, erection,
commissioning, or installation of original works pertaining to monorail or
metro has been withdrawn in respect of contracts entered into on or after
1st March 2016. Exemption to Railway contract shall continue.
[effective from March 1, 2016]
Exemption against construction activities of low cost houses:
• Exemption has been provided by inserting clause (ca) in entry 14 of
Notification No. 25/2012-Service Tax dated 20.06.2012 to 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
[effective from March 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 22
Exemption to ongoing construction activities of airport or port:
• Exemption is introduced for services by way of construction, erection,
commissioning, installation of original works pertaining to an airport or port
where a contract which had been entered into prior to 01.03.2015 and on
which appropriate stamp duty, where applicable, had been paid prior to that
date subject to production of certificate from the Ministry of Civil Aviation or
Ministry of Shipping, as the case may be, that the contract had been
entered into prior to 01.03.2015.
• The services provided during the period from 01.04.2015 to 29.02.2016
under such contracts are also proposed to be exempted from service tax
and till 2020.
[effective from March 1, 2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 23
Exemption in case of transport of passengers reduced
• Exemption has been provided in case of transport of passengers by stage
carriage other than air-conditioned stage carriage by inserting clause (bb)
in entry 23 of Notification No. 25/2012-Service Tax dated 20.06.2012. Thus,
now transportation by air-conditioned Stage carriage has become taxable.
• Further, exemption in case of transport of passengers by ropeway, cable
car or aerial tramway has been withdrawn.
[effective from June 1,2016]
Exemption to inward transportation of goods by air
• Exemption in case of services by way of transportation of goods by an
aircraft from a place outside India upto the customs station of clearance in
India by inserting new entry no. 53 in Notification No. 25/2012-Service Tax
dated 20.06.2012.
[effective April 1,2016]
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 24
New exemptions for services by-
• Annuity under the National Pension System
• Securities and Exchange Board of India (SEBI)
• Employees‟ Provident Fund Organization (EPFO)
• Biotechnology incubators approved by Biotechnology Industry Research
Assistance Council (BIRAC).
• National Centre for Cold Chain Development
• Insurance Regulatory and Development Authority (IRDA) of India.
• “Niramaya” Health Insurance scheme implemented by National Trust
• Deen Dayal Upadhyay Grameen Kaushalya Yojana training partners
• Assessing bodies empanelled centrally by Directorate General of Training,
Ministry of Skill Development & Entrepreneurship
Changes in Exemptions
Budget 2016 CA Gaurav Gupta 25
Changes in
Abatements
Changes in Abatements
Changes in abatement in rail transport:
• Rate of abatement allowed to transport of goods by rail has been amended
as under:
• Further, Cenvat Credit of input services has been allowed in both cases.
Thus, the condition of non-availment of Cenvat Credit on inputs and capital
goods will remain same in both the cases i.e in case of rail transport for
goods as well as for passengers.
[effective April 1,2016]
Particular of services Present rate
of abatement
Amended rate
of abatement
Transport of goods and passengers by Indian
Railways
70% 70%
Transport of goods in containers by a person other
than Indian Railways
70% 60%
Budget 2016 CA Gaurav Gupta 27
Changes in Abatements
Reduction of abatement for transport of household goods:
• Rate of abatement allowed to GTA for household goods has been amended
as under:
• Abatement on transport of used household goods by a Goods Transport
Agency (GTA) is being reduced to 60% without availment of cenvat credit
on inputs, input services and capital goods by the service provider.
[effective April 1,2016]
Particular of services Present rate
of abatement
Amended rate
of abatement
Services of Goods Transport Agency 70% 70%
Services of Goods Transport Agency in relation to
used households goods
70% 60%
Budget 2016 CA Gaurav Gupta 28
Changes in Abatements
Introduction of abatement in Chit funds:
• Abatement was withdrawn from this services last year. Abatement of 30%
is being reintroduced on the services of foreman to a chit fund under the
Chit Funds Act, 1982 with a condition of non-availment of Cenvat Credit
on inputs, capital goods and input services.
[effective April 1,2016]
Clarification in rent a cab services:
• At present, there is abatement of 60% on the gross value of renting of
motor-cab services, provided no cenvat credit has been taken. It is being
made clear by way of inserting an explanation in the notification No.
26/2012-ST that cost of fuel should be included in the consideration
charged for providing renting of motor-cab services for availing the
abatement.
[effective April 1,2016]
Budget 2016 CA Gaurav Gupta 29
Changes in Abatements
Abatement in transportation of passenger by stage carriage:
• On being made taxable, suitable abatement has also been provided to
transportation of passenger by stage carriage:
• At present, abatement of 60% is being provided in case of transport of
passengers by a contract carriage (other than motorcab) and a radio taxi.
Now, the scope of abatement has been extended to a stage carriage with
a uniform condition of non-availment of Cenvat Credit on inputs, capital
goods and input services.
[effective from June 1,2016]
Cenvat of input services allowed in transportation by vessel:
• At present, abatement of 70% is being provided in case of transport of
goods in a vessel with a condition of non-availment of Cenvat Credit on
inputs, capital goods and input services. Now, Cenvat credit of input
services is allowed in cases where abatement is availed.
[effective April 1,2016]
Budget 2016 CA Gaurav Gupta 30
Changes in Abatements
Reduction of abatement in Tour operator:
• Abatement of 90% is being provided to a tour operator if he is merely
arranging or booking accommodation for any person in relation to tour.
Now, abatement has been reduced to 70% for all cases other than those
merely engaged in arranging or booking accommodation and no separate
abatement rate has been specified for a package tour. Now the amended
abatement stands as under:
[effective April 1,2016]
Particular of services Present rate of
abatement
Amended rate
of abatement
services solely of arranging or booking
accommodation for any person in relation to a tour
90% 90%
Services in relation to Package Tours 75% 70%
Other Tours 60% 70%
Budget 2016 CA Gaurav Gupta 31
Changes in Abatements
Reduction of abatement in Construction Sector:
• A uniform abatement of 70% is now being prescribed for services of
construction of complex, building, civil structure, or a part thereof, subject to
fulfillment of the existing conditions. Thus, the beneficial rate of 75% is no
longer applicable. The new rates are as under:
[effective April 1,2016]
Particular of services Present rate
of abatement
Amended rate
of abatement
Construction of a complex, building, civil structure
or a part thereof, intended for a sale to a buyer,
wholly or partly except where entire consideration
is received after issuance of completion certificate
by the competent authority
75% / 70% 70%
Budget 2016 CA Gaurav Gupta 32
Changes in Reverse
Charge Mechanism
Changes in Reverse
Charge Mechanism
Reverse Charge removed from Services of Mutual Fund Agent or Distributor:
• Services provided by mutual fund agents/distributor to a mutual fund or
asset management company was earlier put under reverse charge liability,
i.e., the Asset Management Company was made liable to pay service tax
for the services received from such agents/distributors. Now, these services
are being put under forward charge and therefore, mutual fund
agents/distributors will discharge their service tax liabilities and asset
management companies shall no longer be liable to discharge such tax
under reverse charge.
[effective from April 1, 2016]
Budget 2016 CA Gaurav Gupta 34
Changes in Reverse
Charge Mechanism
Services of Lottery agents:
• At present, services provided by a selling or marketing agent of lottery
tickets to lottery distributor or selling agent are under reverse charge
mechanism. Now, reverse charge will be applicable only when these
services are provided to a lottery distributor or selling agent of the State
Government under the provisions of the Lottery (Regulations) Act, 1998 (17
of 1998). In other cases, the charge shall be forward charge and on the
provider of services.
[effective from April 1, 2016]
Budget 2016 CA Gaurav Gupta 35
Changes in Reverse
Charge Mechanism
Services of Senior Advocate:
• Legal services provided by an advocate are under reverse charge
mechanism. However, legal services provided by a senior advocate are
removed from reverse charge and are being put under forward charge.
Therefore, service tax liability on legal services will now be discharged by
senior Advocates itself.
[effective from April 1, 2016]
Budget 2016 CA Gaurav Gupta 36
Changes in Reverse
Charge Mechanism
Services of Government:
• At present, support services provided by Government or local authorities to
business entities are taxable under reverse charge mechanism that is the
liability to pay service tax on such services is on the service recipient. With
effect from 1st April, 2016, any service (and not only support services)
provided by Government or local authorities to business entities shall be on
the service recipient on reverse charge basis.
[effective from April 1, 2016]
Budget 2016 CA Gaurav Gupta 37
Changes in Service Tax
Rules
Changes in Service Tax
Rules
One Person Company and HUF to pay tax quarterly:
• One Person Company (OPC) has been given
benefits similar to a proprietorship firm for tax
payment. The benefits of:
(a) quarterly payment of service tax; and
(b) payment of service tax on receipt basis,
which are available to individual and
partnership firms,
are being extended to OPC whose aggregate
value of services provided is up to Rs. 50 lakh in
the previous financial year.
• In case of HUF, the periodicity of payment of
Service Tax has been made to quarterly in place of
monthly as at present.
Budget 2016 CA Gaurav Gupta 39
Changes in Service Tax
Rules
Service Tax on single premium policy rationalized
• Rule 7A of Service Tax Rules, 1994 is being
amended to rationalize service tax liability on
single premium annuity (insurance) policies.
The effective alternate service tax rate
(composition rate) is being prescribed at 1.4%
of the total premium charged, 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.
Earlier the rate of Service Tax on such policies
was 3.5% in first year and 7.75% in subsequent
years.
Budget 2016 CA Gaurav Gupta 40
Changes in Service Tax
Rules
Filing of Annual Service Tax Return introduced
• Rule 7 of Service Tax Rules, 1994 is being amended to introduce annual
return in Service Tax. All assesses other than those notified by CBEC, shall
be required to file an annual return for the financial year to which the return
relates, in such form and manner as may be specified by CBEC, by the
30th day of November of the succeeding financial year. Such return can be
revised within a period of one month from the date of submission. Also,
penalty for delay of filing such return has been provided at the rate of one
hundred rupees per day for the period of delay in filing of such return,
subject to a maximum of twenty thousand rupees. It is pertinent to mention
that no change has been proposed in Limitation Section to rule out the
possibility of computing limitation from the date of annual return.
Budget 2016 CA Gaurav Gupta 41
Other Important
Changes
Changes in Cenvat Credit
Rules
Changes in Cenvat Credit Rules
• Annual Return introduced
• Cenvat credit against transportation outside India allowed
• Input to include below 10000 Capital goods
• Cenvat credit can be availed on goods sent directly to job worker
• Special Rule for rights granted by Government
• Changes in Rule 6
• Changes in Input Service Distributor- primarily relating to
outsourced manufacturing units
• Sequence for availing Cenvat credit deleted
Budget 2016 CA Gaurav Gupta 43
Frequency rights by
government
Provision of frequency rights by government added to declared services
[effective from the date of enactment of Finance Bill, 2016]
• Declared services list is amended to include assignment by the
Government of the right to use the radio-frequency spectrum and
subsequent transfers thereof so as to make it clear that assignment by
Government of the right to use the spectrum as well as subsequent
transfers of assignment of such right to use is a service leviable to service
tax and not sale of intangible goods. It is important to note that though
deemed sale covered under Article 366(29A) is excluded from the definition
of service, can such a deeming fiction bring a deemed sale intro the ambit
of service.
• A temporary transfer of license is outside the ambit of ‘sale’ and falls within
the ambit of service. Similar decision was held in the case of GS
Entertainment Private Ltd., v. Union of India (Madras High Court). The
question which would arise not is whether such levy is covered under Entry
54 of List II and whether it amounts to transgression by Parliament into the
exclusive domain of the State?
Budget 2016 CA Gaurav Gupta 44
Changes to sustain levy of rate
change as per Point of Taxation
Changes to sustain levy of rate change as per Point of Taxation
• Sub section (2) has been inserted in Section 67A of Finance Act, 1994 to
sustain levy of Service Tax in case of rate change and new levy. It is
pertinent to note that a new levy like Swachh Bharat Cess is not covered
vide provisions of POTR. They are still guided by Section 66B read with
Section 67A. Thus, in order to bring such rate change within the ambit of
POTR. Accordingly, amendment has been brought in Act to sustain
imposition of tax on such levies. Also, an Explanation is being inserted in
Rule 5 stating that the same is applicable in case of new levy on services.
The new levy – KKC (0.5%) shall now be guided by Rule 5 of POTR.
[effective from date of enactment of Finance Bill, 2016]
Budget 2016 CA Gaurav Gupta 45
Period Limitation
increased to 30 months
Period Limitation increased to 30 months
• The limitation period for recovery of service tax not levied or paid or
shortlevied or short paid or erroneously refunded, for cases not involving
fraud, collusion, suppression etc. is proposed to be enhanced by one year,
that is, from eighteen months to thirty months by making suitable changes
to section 73 of the Finance Act, 1994. The period of limitation in case of
fraud, collusion, suppression etc remains five years. However, this
increase has reduced the gap between the two cases and thus, this
disincentives an honest tax payers as he shall remain under scrutiny for
longer.
[effective from date of enactment of Finance Bill, 2016]
Budget 2016 CA Gaurav Gupta 46
Higher rate of Interest on Person who
has collected Service Tax but not
deposited
Higher rate of Interest on person who has collected Service Tax but not
deposited
• Section 75 of the Finance Act is proposed to be amended so that a higher
rate of interest would apply to a person who has collected the amount of
service tax from the service recipient but not deposited the same with the
Central Government. The rate is proposed to be kept at 24% which shall be
higher than normal rate of interest to penalize genuine tax payer.
[effective from date of enactment of Finance Bill, 2016]
Budget 2016 CA Gaurav Gupta 47
Disclaimer
This presentation has been prepared for internal use of ICAI and its members. The contents of this document are
solely for informational purpose. It does not constitute professional advice or a formal recommendation. The
presentation is made with utmost professional caution but in no manner guarantees the content for use by any
person. It is suggested to go through original statute / notification / circular / pronouncements before relying on the
matter given. The presentation is meant for general guidance and no responsibility for loss arising to any person
acting or refraining from acting as a result of any material contained in this presentation will be accepted by us.
Professional advice recommended to be sought before any action or refrainment.
CA Gaurav Gupta
Partner
MGS & Co.
507 B, D-Mall, Netaji Subhash Palace, Delhi - 110034
+91 11 32962487
+91 11 2735 2487
+91 98110 13940
cagauravmgs@gmail.com
Thank you

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Budget 2016 - Proposals and Analysis

  • 1. Presented by: CA Gaurav Gupta FCA, LLB, DISA Partner MGS & Co. +91 9811013940 Finance Act 2016 - Proposals and Analysis
  • 2. Changes in rate of Service Tax
  • 3. Changes in Rate of Service Tax Levy of “Krishi Kalyan Cess” (KKC) • An enabling provision is being incorporated in the Finance Bill, 2016 (Chapter VI/clause 158) to empower the Central Government to impose KKC as service tax on all or any of the taxable services at the rate of 0.5 per cent on the value of such services. • Now the effective rate of levy from 01.06.2016 shall be 15% viz., 14% Service Tax plus 0.5% Swachh Bharat Cess plus 0.5% Krishi Kalyan Cess. It is important to mention that all other rates shall correspondingly be changed by way of amendment notification on 01.06.2016. [effective from 01.06.2016] Budget 2016 CA Gaurav Gupta 3
  • 4. Changes in Rate of Service Tax S.no. Particular Effective Service Tax Rate Effective Swach Bharat Cess Rate Effective Krishi Kalyan Cess A. Generic Rate - Applicable on all taxable services 14% 0.50% 0.50% B. Non Taxable Services 0% 0% 0% - Services provided in Non taxable Territory - Services listed in Negative List - Services provided without consideration C. Wholly Exempted Services 0% 0% 0% - Notificaiton No. 25/2012-Service Tax dated 20.06.2012 (Mega Exemption), - Notification No 33/2012-Service Tax (SSI Exemption), - Notification No. 14/ 2012 – Service tax (Import of Technology), - Notification No 32/2012-Service Tax (Services by TBI / STEP), - Notification No. 12/2013 (Services to SEZ), - Notification No. 29/2012- Service Tax (Property tax in renting), - Notification No. 6/2013-Service Tax (Exemption against Focus Market Scheme Scrips), - Notification No. 7/2013-Service Tax (Exemption against Focus Product Scheme Scrips), - Notification No. 8/2013-Service Tax (Exemption against Vishesh Krishi and Gram Udyog Yojana), - Notification No. 11/2015-Service Tax (Exemption against SEIS), - Notification No. 10/2015-Service Tax (Exemption against MESI) Budget 2016 CA Gaurav Gupta 4
  • 5. Changes in Rate of Service Tax S.No. Income Heads Rates Effective From 01.06.2016 Taxable Value Total Effective Tax Rate (including Cess) 1 Services in relation to financial leasing including hire purchase 10% 1.50% 2 Transport of Goods in containers by rail by any person other than Indian Railways 40% 6.00% 2A Transport of Goods by Rail other than as specified above 30% 4.50% 3 Transport of Passengers with or without accompanied belongings by Rail 30% 4.50% 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 70% 10.50% 5 Transport of passengers by air with or without accompanied belongings in economy class 40% 6.00% 5A Transport of passengers by air in higher class 60% 9.00% 6 Renting of inns, hotels, Guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes 60% 9.00% 7 Services of goods transport agency in relation to transportation of goods other than household goods 30% 4.50% Budget 2016 CA Gaurav Gupta 5
  • 6. Changes in Rate of Service Tax S.No. Income Heads Rates Effective From 01.06.2016 Taxable Value Total Effective Tax Rate (including Cess) 7A Services of goods transport agency in relation to transportation of household goods 40% 6.00% 8 Services provided by a foreman of chit fund in relation to chit 30% 4.50% 9 Renting of motor cab designed to carry passengers 40% 6.00% 9A Transport of passengers, with or without accompanied belongings, by a contract carriage other than motorcab or a radio taxi or a stage carriage 40% 6.00% 10 Transport of goods in a vessel 30% 4.50% 11 Services by Tour operator in relation to Solely of arranging or booking accommodation 10% 1.50% 11A Services by Tour operator in relation to tours other than 11 30% 4.50% 12 Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority 30% 4.50% Budget 2016 CA Gaurav Gupta 6
  • 7. Changes in Rate of Service Tax Services where valuation is determined Particular Taxable Value Effective Service Tax Rate Effective SBC Effective KKC Total Effective Tax Rate Works Contract - Original Works 40% 5.60% 0.20% 0.20% 6.00% Works Contract - Others 70% 9.80% 0.35% 0.35% 10.50% Restaurant 40% 5.60% 0.20% 0.20% 6.00% Outdoor Catering 60% 8.40% 0.30% 0.30% 9.00% Budget 2016 CA Gaurav Gupta 7
  • 8. Changes in Rate of Service Tax F. Reverse Charge Mechanism Taxability of Domestic Reverse Charge Liability S.No. Service Rates Effective From June 1, 2016 Taxable Value Effective Service Tax Rate Effective Swach Bharat Cess Rate Effecive Krishi Kalyan Cess Total effective Tax 1 Rent A Cab - with abatement 40% 5.60% 0.20% 0.20% 6.00% 2 Rent A Cab - without abatement 50% 7.00% 0.25% 0.25% 7.50% 3 Manpower Supply 100% 14.00% 0.50% 0.50% 15.00% 4 Security Services 100% 14.00% 0.50% 0.50% 15.00% 5 Payment to Advocates and Lawyers 100% 14.00% 0.50% 0.50% 15.00% 6 Payment for Spnsorship 100% 14.00% 0.50% 0.50% 15.00% 7 Transportation of Goods By Road 30% 4.20% 0.15% 0.15% 4.50% 8 Payment to Independent Director 100% 14.00% 0.50% 0.50% 15.00% 9 Works Contract- For Original Works 20% 2.80% 0.10% 0.10% 3.00% 9 Works Contract- For Other Works 35% 4.90% 0.18% 0.18% 5.25% 10 Payment to Arbiteral tribunal 100% 14.00% 0.50% 0.50% 15.00% Budget 2016 CA Gaurav Gupta 8
  • 9. Changes in Rate of Service Tax Point of Taxation (Date of applciability – 01.06.2016) Situation Services provided Invoice Issued Payment received Whether KKC applicable Situation A Before Before Before No Situation B Before Before After Yes Situation C Before After After Yes Situation D Before On or before 14.06.2016 Before No Situation E Before After 14.06.2016 Before Yes Situation F After On or before 14.06.2016 Before No Situation G After After 14.06.2016 Before Yes Situation H After Before Before No Situation I After Before After Yes Situation J After After After Yes Budget 2016 CA Gaurav Gupta 9
  • 10. Changes in Rate of Service Tax Levy of Service Tax on distributors of Lottery • Explanation 2 in section 65B(44) (definition of “Service”) is proposed to be amended to clarify that activity carried out by a lottery distributor or selling agents of the State Government under the provisions of the Lotteries (Regulation) Act, 1998 (17 of 1998), is leviable to service tax. • It is forsen that such levy shall be put to test in Court again by such distributors / agents in light of the decision in case of Future Gaming Solutions Pvt Ltd. v UOI[2015 (37) S.T.R. 65 (Sikkim)]. [effective from the date of enactment of Finance Bill, 2016] Budget 2016 CA Gaurav Gupta 10
  • 12. Changes in Negative List Education Services omitted from Negative List • Education services of preschool, higher secondary, recognized degree courses and certain approved vocational courses found place in negative list till now. Such services have been proposed to be introduced in Exemption notification from the date of enactment of Finance Bill. The move hints at certain more services in education space to be made taxable soon. effective from the date of enactment of Finance Bill, 2016] Budget 2016 CA Gaurav Gupta 12
  • 13. Changes in Negative List All Services of Government to Business entity made taxable • Earlier only support services (other than renting) when provided by Government to a business Entity, were liable for payment of Service Tax. • It has thus, been proposed by Finance Bill, 2015, that all services other than services specified in Section 66D(i) to (ii) when provided by Government, or a local authority to a business entity be charged to Service Tax. Accordingly, all services provided by government to a Business Entity shall hence forth be taxable. [effective from date to be Notified] Budget 2016 CA Gaurav Gupta 13
  • 14. Changes in Negative List Services of transportation of passenger by stage carriage made taxable • Earlier, transportation of passenger by stage carriage was in negative list. The entry is being deleted. Thus, the various mode of passenger transportation and their taxability after 01.06.2016 shall be as follows: [effective from 01.06.2016] Negative List CA Gaurav Gupta 14 Mode of transportation of passenger by Road Taxability post 01.06.2016 Change in position prior to 01.06.2016 Transportation of passenger by Non air-conditioned Contract carriage other than for tourism, conducted tour, hire or charter Includes Maxi cab and motor cab Non - Taxable No Change Transportation of passenger by air conditioned Contract carriage Taxable No Change Radio Taxi Taxable No Change Air-conditioned Stage Carriage Taxable Changed from non taxable Non Air conditioned Stage carriage Exempt Non taxable Rent- a-cab Taxable Taxable
  • 15. Changes in Negative List Transportation of goods from outside India to India made taxable • Services by way of transportation of goods by an aircraft or a vessel from a place outside India upto the customs station of clearance in India was in negative list and was thus, non taxable. Though such services were taxable as per the provisions of Rule 10 of Place of Provision Rules, 2012, however because of negative list, such transportation was not taxable. Finance Bill 2016 has proposed to delete the entry from negative list. • Accordingly, Service Tax would be payable all Indian ship liners on such transportation of goods. Also, in case of foreign shipliners, such tax would be payable by persons importing such goods. The entry would impact taxability of shipliners, multimodal Transport operators, CHAs, GSAs etc. [effective from 01.06.2016] Budget 2016 CA Gaurav Gupta 15
  • 17. Changes in Exemptions • Exemption in case of services provided by a Senior Advocate Exemption has been provided in case of service provided by a senior advocate by way of legal services to a person other than a person ordinarily carrying out any activity relating to industry, commerce or any other business or profession vide clause (c) of entry no. 6 of Notification No. 25/2012 dated 20.06.2012. [effective from April 1, 2016] Budget 2016 CA Gaurav Gupta 17
  • 18. • Exemption in case of services provided to an Arbitral Tribunal withdrawn Services provided by a person represented on an arbitral tribunal to an arbitral tribunal has now been made taxable by deleting clause (c) of entry no. 6 of Notification No. 25/2012 dated 20.06.2012. [effective from April 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 18
  • 19. Exemption to services provided by the Indian Institute of Management • Services provided by the Indian Institutes of Management (IIM) by way of 2 year full time Post Graduate Programme in Management(PGPM) (other than executive development programme), admissions to which are made through Common Admission Test conducted by IIMs, 5 year Integrated Programme in Management and Fellowship Programme in Management are being exempted from service tax. [effective from April 1, 2016] Exemption to folk artists enhanced • The threshold exemption limit of consideration charged for services provided by a performing artist in folk or classical art forms of music, dance or theatre, is being increased from Rs 1 lakh to Rs 1.5 lakh per performance. [effective from April 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 19
  • 20. Exemption to ongoing Government Construction contracts 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 However, exemption will be provided to the contract which had been entered into prior to 1st March, 2015 and on which appropriate stamp duty, where applicable, had been paid prior to such date. Further, exemption vide this entry will not be applicable on or after 1st April, 2020. [effective from March 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 20
  • 21. Exemption to services of construction and allied works in low cost housing projects of Government Exemption has been provided against services provided by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of, • a civil structure or any other original works pertaining to the “In-situ rehabilitation of existing slum dwellers using land as a resource through private participation” under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana, only for existing slum dwellers • a civil structure or any other original works pertaining to the “Beneficiary-led individual house construction / enhancement under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana” [effective from March 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 21
  • 22. Exemption in case of construction activities of monorail or metro withdrawn • Exemption against services by way of construction, erection, commissioning, or installation of original works pertaining to monorail or metro has been withdrawn in respect of contracts entered into on or after 1st March 2016. Exemption to Railway contract shall continue. [effective from March 1, 2016] Exemption against construction activities of low cost houses: • Exemption has been provided by inserting clause (ca) in entry 14 of Notification No. 25/2012-Service Tax dated 20.06.2012 to 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 [effective from March 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 22
  • 23. Exemption to ongoing construction activities of airport or port: • Exemption is introduced for services by way of construction, erection, commissioning, installation of original works pertaining to an airport or port where a contract which had been entered into prior to 01.03.2015 and on which appropriate stamp duty, where applicable, had been paid prior to that date subject to production of certificate from the Ministry of Civil Aviation or Ministry of Shipping, as the case may be, that the contract had been entered into prior to 01.03.2015. • The services provided during the period from 01.04.2015 to 29.02.2016 under such contracts are also proposed to be exempted from service tax and till 2020. [effective from March 1, 2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 23
  • 24. Exemption in case of transport of passengers reduced • Exemption has been provided in case of transport of passengers by stage carriage other than air-conditioned stage carriage by inserting clause (bb) in entry 23 of Notification No. 25/2012-Service Tax dated 20.06.2012. Thus, now transportation by air-conditioned Stage carriage has become taxable. • Further, exemption in case of transport of passengers by ropeway, cable car or aerial tramway has been withdrawn. [effective from June 1,2016] Exemption to inward transportation of goods by air • Exemption in case of services by way of transportation of goods by an aircraft from a place outside India upto the customs station of clearance in India by inserting new entry no. 53 in Notification No. 25/2012-Service Tax dated 20.06.2012. [effective April 1,2016] Changes in Exemptions Budget 2016 CA Gaurav Gupta 24
  • 25. New exemptions for services by- • Annuity under the National Pension System • Securities and Exchange Board of India (SEBI) • Employees‟ Provident Fund Organization (EPFO) • Biotechnology incubators approved by Biotechnology Industry Research Assistance Council (BIRAC). • National Centre for Cold Chain Development • Insurance Regulatory and Development Authority (IRDA) of India. • “Niramaya” Health Insurance scheme implemented by National Trust • Deen Dayal Upadhyay Grameen Kaushalya Yojana training partners • Assessing bodies empanelled centrally by Directorate General of Training, Ministry of Skill Development & Entrepreneurship Changes in Exemptions Budget 2016 CA Gaurav Gupta 25
  • 27. Changes in Abatements Changes in abatement in rail transport: • Rate of abatement allowed to transport of goods by rail has been amended as under: • Further, Cenvat Credit of input services has been allowed in both cases. Thus, the condition of non-availment of Cenvat Credit on inputs and capital goods will remain same in both the cases i.e in case of rail transport for goods as well as for passengers. [effective April 1,2016] Particular of services Present rate of abatement Amended rate of abatement Transport of goods and passengers by Indian Railways 70% 70% Transport of goods in containers by a person other than Indian Railways 70% 60% Budget 2016 CA Gaurav Gupta 27
  • 28. Changes in Abatements Reduction of abatement for transport of household goods: • Rate of abatement allowed to GTA for household goods has been amended as under: • Abatement on transport of used household goods by a Goods Transport Agency (GTA) is being reduced to 60% without availment of cenvat credit on inputs, input services and capital goods by the service provider. [effective April 1,2016] Particular of services Present rate of abatement Amended rate of abatement Services of Goods Transport Agency 70% 70% Services of Goods Transport Agency in relation to used households goods 70% 60% Budget 2016 CA Gaurav Gupta 28
  • 29. Changes in Abatements Introduction of abatement in Chit funds: • Abatement was withdrawn from this services last year. Abatement of 30% is being reintroduced on the services of foreman to a chit fund under the Chit Funds Act, 1982 with a condition of non-availment of Cenvat Credit on inputs, capital goods and input services. [effective April 1,2016] Clarification in rent a cab services: • At present, there is abatement of 60% on the gross value of renting of motor-cab services, provided no cenvat credit has been taken. It is being made clear by way of inserting an explanation in the notification No. 26/2012-ST that cost of fuel should be included in the consideration charged for providing renting of motor-cab services for availing the abatement. [effective April 1,2016] Budget 2016 CA Gaurav Gupta 29
  • 30. Changes in Abatements Abatement in transportation of passenger by stage carriage: • On being made taxable, suitable abatement has also been provided to transportation of passenger by stage carriage: • At present, abatement of 60% is being provided in case of transport of passengers by a contract carriage (other than motorcab) and a radio taxi. Now, the scope of abatement has been extended to a stage carriage with a uniform condition of non-availment of Cenvat Credit on inputs, capital goods and input services. [effective from June 1,2016] Cenvat of input services allowed in transportation by vessel: • At present, abatement of 70% is being provided in case of transport of goods in a vessel with a condition of non-availment of Cenvat Credit on inputs, capital goods and input services. Now, Cenvat credit of input services is allowed in cases where abatement is availed. [effective April 1,2016] Budget 2016 CA Gaurav Gupta 30
  • 31. Changes in Abatements Reduction of abatement in Tour operator: • Abatement of 90% is being provided to a tour operator if he is merely arranging or booking accommodation for any person in relation to tour. Now, abatement has been reduced to 70% for all cases other than those merely engaged in arranging or booking accommodation and no separate abatement rate has been specified for a package tour. Now the amended abatement stands as under: [effective April 1,2016] Particular of services Present rate of abatement Amended rate of abatement services solely of arranging or booking accommodation for any person in relation to a tour 90% 90% Services in relation to Package Tours 75% 70% Other Tours 60% 70% Budget 2016 CA Gaurav Gupta 31
  • 32. Changes in Abatements Reduction of abatement in Construction Sector: • A uniform abatement of 70% is now being prescribed for services of construction of complex, building, civil structure, or a part thereof, subject to fulfillment of the existing conditions. Thus, the beneficial rate of 75% is no longer applicable. The new rates are as under: [effective April 1,2016] Particular of services Present rate of abatement Amended rate of abatement Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly except where entire consideration is received after issuance of completion certificate by the competent authority 75% / 70% 70% Budget 2016 CA Gaurav Gupta 32
  • 34. Changes in Reverse Charge Mechanism Reverse Charge removed from Services of Mutual Fund Agent or Distributor: • Services provided by mutual fund agents/distributor to a mutual fund or asset management company was earlier put under reverse charge liability, i.e., the Asset Management Company was made liable to pay service tax for the services received from such agents/distributors. Now, these services are being put under forward charge and therefore, mutual fund agents/distributors will discharge their service tax liabilities and asset management companies shall no longer be liable to discharge such tax under reverse charge. [effective from April 1, 2016] Budget 2016 CA Gaurav Gupta 34
  • 35. Changes in Reverse Charge Mechanism Services of Lottery agents: • At present, services provided by a selling or marketing agent of lottery tickets to lottery distributor or selling agent are under reverse charge mechanism. Now, reverse charge will be applicable only when these services are provided to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, 1998 (17 of 1998). In other cases, the charge shall be forward charge and on the provider of services. [effective from April 1, 2016] Budget 2016 CA Gaurav Gupta 35
  • 36. Changes in Reverse Charge Mechanism Services of Senior Advocate: • Legal services provided by an advocate are under reverse charge mechanism. However, legal services provided by a senior advocate are removed from reverse charge and are being put under forward charge. Therefore, service tax liability on legal services will now be discharged by senior Advocates itself. [effective from April 1, 2016] Budget 2016 CA Gaurav Gupta 36
  • 37. Changes in Reverse Charge Mechanism Services of Government: • At present, support services provided by Government or local authorities to business entities are taxable under reverse charge mechanism that is the liability to pay service tax on such services is on the service recipient. With effect from 1st April, 2016, any service (and not only support services) provided by Government or local authorities to business entities shall be on the service recipient on reverse charge basis. [effective from April 1, 2016] Budget 2016 CA Gaurav Gupta 37
  • 38. Changes in Service Tax Rules
  • 39. Changes in Service Tax Rules One Person Company and HUF to pay tax quarterly: • One Person Company (OPC) has been given benefits similar to a proprietorship firm for tax payment. The benefits of: (a) quarterly payment of service tax; and (b) payment of service tax on receipt basis, which are available to individual and partnership firms, are being extended to OPC whose aggregate value of services provided is up to Rs. 50 lakh in the previous financial year. • In case of HUF, the periodicity of payment of Service Tax has been made to quarterly in place of monthly as at present. Budget 2016 CA Gaurav Gupta 39
  • 40. Changes in Service Tax Rules Service Tax on single premium policy rationalized • Rule 7A of Service Tax Rules, 1994 is being amended to rationalize service tax liability on single premium annuity (insurance) policies. The effective alternate service tax rate (composition rate) is being prescribed at 1.4% of the total premium charged, 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. Earlier the rate of Service Tax on such policies was 3.5% in first year and 7.75% in subsequent years. Budget 2016 CA Gaurav Gupta 40
  • 41. Changes in Service Tax Rules Filing of Annual Service Tax Return introduced • Rule 7 of Service Tax Rules, 1994 is being amended to introduce annual return in Service Tax. All assesses other than those notified by CBEC, shall be required to file an annual return for the financial year to which the return relates, in such form and manner as may be specified by CBEC, by the 30th day of November of the succeeding financial year. Such return can be revised within a period of one month from the date of submission. Also, penalty for delay of filing such return has been provided at the rate of one hundred rupees per day for the period of delay in filing of such return, subject to a maximum of twenty thousand rupees. It is pertinent to mention that no change has been proposed in Limitation Section to rule out the possibility of computing limitation from the date of annual return. Budget 2016 CA Gaurav Gupta 41
  • 43. Changes in Cenvat Credit Rules Changes in Cenvat Credit Rules • Annual Return introduced • Cenvat credit against transportation outside India allowed • Input to include below 10000 Capital goods • Cenvat credit can be availed on goods sent directly to job worker • Special Rule for rights granted by Government • Changes in Rule 6 • Changes in Input Service Distributor- primarily relating to outsourced manufacturing units • Sequence for availing Cenvat credit deleted Budget 2016 CA Gaurav Gupta 43
  • 44. Frequency rights by government Provision of frequency rights by government added to declared services [effective from the date of enactment of Finance Bill, 2016] • Declared services list is amended to include assignment by the Government of the right to use the radio-frequency spectrum and subsequent transfers thereof so as to make it clear that assignment by Government of the right to use the spectrum as well as subsequent transfers of assignment of such right to use is a service leviable to service tax and not sale of intangible goods. It is important to note that though deemed sale covered under Article 366(29A) is excluded from the definition of service, can such a deeming fiction bring a deemed sale intro the ambit of service. • A temporary transfer of license is outside the ambit of ‘sale’ and falls within the ambit of service. Similar decision was held in the case of GS Entertainment Private Ltd., v. Union of India (Madras High Court). The question which would arise not is whether such levy is covered under Entry 54 of List II and whether it amounts to transgression by Parliament into the exclusive domain of the State? Budget 2016 CA Gaurav Gupta 44
  • 45. Changes to sustain levy of rate change as per Point of Taxation Changes to sustain levy of rate change as per Point of Taxation • Sub section (2) has been inserted in Section 67A of Finance Act, 1994 to sustain levy of Service Tax in case of rate change and new levy. It is pertinent to note that a new levy like Swachh Bharat Cess is not covered vide provisions of POTR. They are still guided by Section 66B read with Section 67A. Thus, in order to bring such rate change within the ambit of POTR. Accordingly, amendment has been brought in Act to sustain imposition of tax on such levies. Also, an Explanation is being inserted in Rule 5 stating that the same is applicable in case of new levy on services. The new levy – KKC (0.5%) shall now be guided by Rule 5 of POTR. [effective from date of enactment of Finance Bill, 2016] Budget 2016 CA Gaurav Gupta 45
  • 46. Period Limitation increased to 30 months Period Limitation increased to 30 months • The limitation period for recovery of service tax not levied or paid or shortlevied or short paid or erroneously refunded, for cases not involving fraud, collusion, suppression etc. is proposed to be enhanced by one year, that is, from eighteen months to thirty months by making suitable changes to section 73 of the Finance Act, 1994. The period of limitation in case of fraud, collusion, suppression etc remains five years. However, this increase has reduced the gap between the two cases and thus, this disincentives an honest tax payers as he shall remain under scrutiny for longer. [effective from date of enactment of Finance Bill, 2016] Budget 2016 CA Gaurav Gupta 46
  • 47. Higher rate of Interest on Person who has collected Service Tax but not deposited Higher rate of Interest on person who has collected Service Tax but not deposited • Section 75 of the Finance Act is proposed to be amended so that a higher rate of interest would apply to a person who has collected the amount of service tax from the service recipient but not deposited the same with the Central Government. The rate is proposed to be kept at 24% which shall be higher than normal rate of interest to penalize genuine tax payer. [effective from date of enactment of Finance Bill, 2016] Budget 2016 CA Gaurav Gupta 47
  • 48. Disclaimer This presentation has been prepared for internal use of ICAI and its members. The contents of this document are solely for informational purpose. It does not constitute professional advice or a formal recommendation. The presentation is made with utmost professional caution but in no manner guarantees the content for use by any person. It is suggested to go through original statute / notification / circular / pronouncements before relying on the matter given. The presentation is meant for general guidance and no responsibility for loss arising to any person acting or refraining from acting as a result of any material contained in this presentation will be accepted by us. Professional advice recommended to be sought before any action or refrainment. CA Gaurav Gupta Partner MGS & Co. 507 B, D-Mall, Netaji Subhash Palace, Delhi - 110034 +91 11 32962487 +91 11 2735 2487 +91 98110 13940 cagauravmgs@gmail.com Thank you