Budget 2016 Proposals I Service Tax

Budget Proposals –
Service Tax
Presented by:
CA Gaurav Gupta
FCA, LLB, DISA
Partner
MGS & Co.
Finance Bill 2016

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]
Negative List CA Gaurav Gupta 3

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]

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]

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]

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:
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

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.

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]

• 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.

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.
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.

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]

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”

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.
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

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.

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]

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 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.
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%

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.
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%

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.
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.

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.

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:
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%

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:
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%

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.

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.

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.

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.

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.

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.

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.

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

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?

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]

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.

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.

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

Budget 2016 Proposals I Service Tax

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