Services provided by way of sponsorship of sporting events organized by specified organizations are exempt from service tax. These specified organizations include national sports federations and their affiliated federations, Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India, Special Olympics Bharat, Central Civil Services Cultural and Sports Board, Indian Olympic Association, and under the Panchayat Yuva Kreeda Aur Khel Abhiyaan Scheme. The exemption applies to sponsorship of tournaments or championships organized by these specified persons where participating teams or individuals represent districts, states, zones or countries.
This document provides an overview of exemptions and abatements under the service tax scheme in India. It discusses the key provisions around exemptions in the Finance Act and the mega exemption notification. Specifically, it summarizes:
1) The new charging provision under Section 66B that levies tax on all services except those in the negative list. Exemptions can be provided under Section 93.
2) The process for determining if a service is exempt, including checking the negative list, exemption notifications, abatement notifications, and other notifications.
3) Details around the mega exemption notification no. 25/2012, including exemptions provided to international organizations, health care services, transportation of patients, services of
Medesun Healthcare Solutions is seeking franchisees for medical coding and billing training centers across India. The US healthcare industry is growing and recession-proof, with increasing demand for medical coders and billers. Medesun has trained over 5,000 students since 2009 and offers classroom and online training, with a focus on ICD-10 coding. The franchise opportunity requires an investment of 3 lakhs rupees for infrastructure and startup costs. Franchisees can earn over 1 lakh rupees per month in profit by providing in-demand medical coding courses. Medesun provides full training and marketing support to ensure franchisee success and revenue sharing.
The document discusses:
1) Why pre-admission screenings are important for determining Medicaid eligibility for long-term care services and ensuring individuals meet admission criteria.
2) The criteria for determining eligibility based on an individual's abilities and needs, including requirements for dependencies in activities of daily living and the presence of medical nursing needs.
3) The documentation required for different types of long-term care services to receive Medicaid reimbursement, including completion of the Uniform Assessment Instrument.
This document discusses a study of the Poplar Point Health & Rehabilitation Facility. It covers the facility's standard policies, state and federal regulations, licensure and accreditation, reimbursement options, the administrator's role, staffing needs, and how current healthcare trends affect long-term care needs. In conclusion, the facility offers various on-site and off-site services to assist its long-term care populations and aims to provide quality patient care and activities.
This document provides an overview and summary of Medicare and supplemental insurance options. It begins with introducing Boone Insurance Associates, which provides various health and life insurance products. The bulk of the document then summarizes Medicare Parts A, B, C, and D - including what they cover, who qualifies, premium and cost-sharing details. It also discusses options for covering gaps in Medicare like Medicare Advantage plans, Medigap plans, and Part D prescription drug plans. Specific plan types like HMOs, PPOs, and POS plans are defined.
Health Care Reform Matrix: A Tool for Understanding the ImpactCBIZ, Inc.
Our Health Care Reform Matrix is a comprehensive tool to help you understand all of the impacts of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act.
1. The document discusses Malaysia's 1Care program, which aims to achieve universal healthcare coverage through an integrated public-private primary health care system.
2. Key benefits of 1Care include ensuring affordable and sustainable healthcare, equitable access to higher quality services, developing safety nets for vulnerable groups, and making the health system more responsive to population needs.
3. 1Care will integrate public sector physicians and private general practitioners (GPs) into a unified primary health care system to provide comprehensive services from "womb to tomb" through capitation-based financing.
This document provides an overview of exemptions and abatements under the service tax scheme in India. It discusses the key provisions around exemptions in the Finance Act and the mega exemption notification. Specifically, it summarizes:
1) The new charging provision under Section 66B that levies tax on all services except those in the negative list. Exemptions can be provided under Section 93.
2) The process for determining if a service is exempt, including checking the negative list, exemption notifications, abatement notifications, and other notifications.
3) Details around the mega exemption notification no. 25/2012, including exemptions provided to international organizations, health care services, transportation of patients, services of
Medesun Healthcare Solutions is seeking franchisees for medical coding and billing training centers across India. The US healthcare industry is growing and recession-proof, with increasing demand for medical coders and billers. Medesun has trained over 5,000 students since 2009 and offers classroom and online training, with a focus on ICD-10 coding. The franchise opportunity requires an investment of 3 lakhs rupees for infrastructure and startup costs. Franchisees can earn over 1 lakh rupees per month in profit by providing in-demand medical coding courses. Medesun provides full training and marketing support to ensure franchisee success and revenue sharing.
The document discusses:
1) Why pre-admission screenings are important for determining Medicaid eligibility for long-term care services and ensuring individuals meet admission criteria.
2) The criteria for determining eligibility based on an individual's abilities and needs, including requirements for dependencies in activities of daily living and the presence of medical nursing needs.
3) The documentation required for different types of long-term care services to receive Medicaid reimbursement, including completion of the Uniform Assessment Instrument.
This document discusses a study of the Poplar Point Health & Rehabilitation Facility. It covers the facility's standard policies, state and federal regulations, licensure and accreditation, reimbursement options, the administrator's role, staffing needs, and how current healthcare trends affect long-term care needs. In conclusion, the facility offers various on-site and off-site services to assist its long-term care populations and aims to provide quality patient care and activities.
This document provides an overview and summary of Medicare and supplemental insurance options. It begins with introducing Boone Insurance Associates, which provides various health and life insurance products. The bulk of the document then summarizes Medicare Parts A, B, C, and D - including what they cover, who qualifies, premium and cost-sharing details. It also discusses options for covering gaps in Medicare like Medicare Advantage plans, Medigap plans, and Part D prescription drug plans. Specific plan types like HMOs, PPOs, and POS plans are defined.
Health Care Reform Matrix: A Tool for Understanding the ImpactCBIZ, Inc.
Our Health Care Reform Matrix is a comprehensive tool to help you understand all of the impacts of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act.
1. The document discusses Malaysia's 1Care program, which aims to achieve universal healthcare coverage through an integrated public-private primary health care system.
2. Key benefits of 1Care include ensuring affordable and sustainable healthcare, equitable access to higher quality services, developing safety nets for vulnerable groups, and making the health system more responsive to population needs.
3. 1Care will integrate public sector physicians and private general practitioners (GPs) into a unified primary health care system to provide comprehensive services from "womb to tomb" through capitation-based financing.
In Ontario, Independent Health Facilities (IHF) are licensed by the Ministry of Health. Doctors may have hands-on training to help patients manage illness, and investors may have the capital to acquire a medical facility. But very few people understand the bureaucratic process associated with transferring IHF licenses. Here is a little info n the complex bureaucracy.
For more info: http://medpros.wysework.com/healthcare-services/diagnostic-imaging/
Presentation on Service tax at Ernakulam dated 28.07.2013Agarwal sanjiv & Co
This presentation covers exemptions and abatements under service tax law in India. It discusses various exemptions for small service providers, exporters, SEZ units, healthcare, education, religious and charitable activities. It also discusses exemptions for services provided to government and local authorities, construction of roads, pollution control, and agriculture. Specific exemptions are provided for legal services, clinical research organizations, training in arts and sports, and construction of residential buildings and low-cost housing.
The document presents a group insurance scheme for Maceton Ltd. employees that includes:
1. Life insurance that pays benefits for natural death, accidental death, permanent disability, and critical illnesses.
2. Hospitalization coverage for inpatient treatment.
3. Outpatient coverage for medical, dental, and optical expenses.
The benefits and claim procedures are described in detail, along with exclusions for preexisting conditions, experimental treatments, and injuries resulting from illegal activities.
The document outlines India's Family Planning Insurance Scheme implemented through ICICI Lombard General Insurance Company. Key points:
- The scheme provides compensation for acceptors of sterilization procedures for issues like loss of wages, failure, death, or medical complications from the procedure.
- Doctors and facilities performing sterilizations are indemnified against legal claims up to Rs. 2 lakh per case.
- Coverage includes compensation for death (Rs. 1-2 lakh), sterilization failure (Rs. 20-30k), treatment costs (up to Rs. 20-25k). The government pays the insurance premium.
- Claims are processed through district quality committees and paid directly to
The spending bill passed in January 2015 included provisions modifying existing relief for expatriate health plans from many Affordable Care Act requirements. To qualify for this relief, a plan must cover qualified expatriates working abroad for at least 180 days or those whose skills require international assignments. It must also provide certain essential health benefits and comply with some pre-ACA requirements. Exempt expatriate plans are not subject to annual or lifetime limits, out-of-pocket maximums, or various individual and employer mandates. However, reporting under the individual and employer mandates is still required.
This document discusses various mechanisms for paying for dental care, including private fee-for-service, post-payment plans, and private third party prepayment plans such as commercial insurance companies and non-profit plans like Delta Dental. It also covers prepaid group practice plans, capitation plans, salaries, and public programs like Medicare and Medicaid. Key aspects of reimbursement for dentists and advantages and disadvantages of different payment mechanisms are described.
State RegulationsDeidra ManningHMGT 310University of.docxdessiechisomjj4
State Regulations
Deidra Manning
HMGT 310
University of Maryland
Professor Jerome Bozek
November 29, 2015
Student Name:
Deidra Manning
Assignment #3 Title:
Selection of a state regulation; The unannotated South Carolina Code of Regulations
Agency Responsible:
The South Carolina Legislative Council; The State Health and Human Services Finance Commission through the MEDICAID
Incentives and Enforcement:
The main enforcements are observed through ensuring that only the service providers enrolled in the program are the ones which provide the services, therefore enrollment is controlled and regulated Clients must be eligible for Medicaid to receive the services. The residents of South Carolina recipients of the services can be referred outside the South Carolina area, when this happens, they must have a prior approval from a state agency administering the Medicaid Program.
Technical assistance for the personnel providing the services is contained in the South Carolina State Plan for Title XIX (Medicaid), provider manuals, Medicaid Bulletins, and federal directives. This gives directives on their usage serving as a guide to their usage.
Key Aspect of the Regulation #1:
This regulation: 126-304 Community Long Term Care Home and Community Based Services.
It sets out clearly the requirements of the service receiver who should be a Medicaid eligible person, eighteen years of age or older, who has been determined by community long term care to require a skilled or intermediate level of care.this regulation has an effect on health care proffssional since they are required meet the said conditions.
(2) Home delivered meals are the in home provision of at least one meal per day to persons unable to care for their nutritional needs. This has a financial implication to the provider institution and making transport arrangements on availing the meals to the homes of the recipients.
(3) Medical day care is a group of services to restore, maintain and promote the health status through the provision of ambulatory health care and health related supportive services in a licensed medical day care center. This group of services requires that systems be put in place to receive alerts of emergence and a response team which shall be on standby to attend to the emergencies as and when they arise.
Medical social services are supportive services provided by an individual with no less than a Masters Degree in social work. The legal of academical training is essential to the personnel providing this service, because it is specific to the academical requirement of the said personnel
Personal care is the in home provision of the necessary services in support of activities of daily living, home support, medical monitoring, and client transportation services to restore, maintain and promote health status. This specifically affects the provider institution because special arrangements have to made to ensure adequate trained personnel to adequately manage the home provisio.
The document provides details about the group medical insurance program for employees of Hinduja Health Care Ltd. including benefit details, policy parameters, applicable members, policy period, standardized hospitalization coverage, maternity benefits, pre-and-post hospitalization expenses, pre-existing diseases coverage, customized benefits, general exclusions, enrollment process, and cashless hospitalization process. The insurance scheme is intended to provide insurance coverage for medical expenses related to hospitalization of Hinduja Health Care employees and dependents.
The IRS released interim guidance on how certain provisions of the Affordable Care Act apply to expatriate health plans under the Expatriate Health Coverage Clarification Act of 2014. The guidance provides additional time for expatriate plans to modify their plans to meet exemption requirements under the new law. It also clarifies that the Patient-Centered Outcomes Research Institute fee does not apply to plans that cover qualified expatriates as defined by the act. The interim guidance applies to policies issued or renewed on or after July 1, 2015 and plan years starting on or after that date.
Medicare Part B provides supplemental medical insurance for elderly and disabled individuals. It covers services like doctor visits, outpatient care, durable medical equipment, and preventive services. People qualify based on age or disability status as determined by the Social Security Administration. Enrollment periods and costs vary depending on eligibility and sign up timing. Late enrollment penalties may apply for those who delay coverage.
Malaysia GST Guideline on Healthcare Services (6th Nov. 2014)Hua Loon Lee
This document provides a guide on the Goods and Services Tax (GST) treatment of healthcare services in Malaysia. It outlines that healthcare services provided by the government are not subject to GST, while services provided by private healthcare facilities are generally exempt from GST. However, some standard-rated supplies in the healthcare sector include services provided by independent healthcare professionals to private facilities, pharmaceutical services not provided by facilities, and outsourced services. Medicines listed on the National Essential Medicine List are zero-rated when supplied by private facilities. The guide also addresses registration requirements and input tax credit claims for mixed suppliers in the healthcare industry.
The Consortium for Citizens with Disabilities (CCD) submitted comments on interim final rules implementing provisions of the Affordable Care Act regarding coverage of preventive services. CCD supports coverage of preventive services without cost sharing but believes rules should be strengthened. CCD recommends expanding the definition of preventive services and medical necessity to include maintenance of function. CCD also recommends clarifying coverage for high risk populations and services not addressed by guidelines. Stronger monitoring and enforcement of rules is needed.
The Consortium for Citizens with Disabilities (CCD) submitted comments on interim final rules implementing provisions of the Affordable Care Act regarding coverage of preventive services. CCD supports coverage of preventive services without cost sharing but believes rules should be strengthened. CCD recommends expanding the definition of preventive services and medical necessity to include maintenance of function. CCD also recommends clarifying coverage for high risk populations and services not addressed by guidelines. Stronger monitoring and enforcement of rules is needed.
This document provides an overview of Medicare including its different parts (A, B, C, and D). It discusses eligibility and enrollment, what is covered under each part, premiums and deductibles, penalties for late enrollment, and provides a quiz to test understanding. Key points include that Part A covers hospital, skilled nursing facility, home health, and hospice care while Part B covers doctor services and outpatient care. Part C is Medicare Advantage which provides managed care options. Part D is prescription drug coverage offered through private insurers.
Frequently asked questions about Obamacareexchangeenvoy
The document summarizes key provisions of the Affordable Care Act (ACA) related to health insurance exchanges, the individual mandate, employer penalties, and dependent coverage requirements. It explains that the ACA requires states to establish health insurance exchanges by 2014 to offer qualified health plans. It also outlines the individual mandate requiring most individuals to have minimum essential health coverage beginning in 2014, and penalties for employers not offering coverage. The ACA extends dependent coverage to age 26.
CareOptimize COVID-19 Webinar series episode 2 continues with the most up-to-date news from CMS along with other regulatory changes affecting the healthcare industry. The primary focus is on a trio of distinct provider models and how each of them is managing their practices while adapting to the challenges of the pandemic. We also go over the technology CareOptimize has developed aimed at streamlining COVID-19 monitoring and reporting.
The Next Generation ACO Model team hosted an open door forum on Tuesday, March 28, 2017. The Next Generation Model features three payment rule waivers, referred to as benefit enhancements. This open door forum provided an overview of the Model’s three benefit enhancements.
- - -
CMS Innovation Center
http://innovation.cms.gov
We accept comments in the spirit of our comment policy:
http://newmedia.hhs.gov/standards/comment_policy.html
CMS Privacy Policy
http://cms.gov/About-CMS/Agency-Information/Aboutwebsite/Privacy-Policy.html
- Reverse charge is a mechanism where the liability to pay service tax is on the service recipient instead of the service provider. It was first introduced in 1997 but struck down by the Supreme Court. It was reintroduced in 2000 and upheld by the Supreme Court in 2006.
- The scope of reverse charge was expanded in 2012 to cover 11 additional services including rent a car, manpower supply, works contract, and services by non-residents. The recipient's liability can be 50-100% depending on the service, with the provider paying the remainder.
- Compliance requirements for the recipient include registration, maintaining proper invoices, availing input tax credit, and filing returns. Failure to pay results in the same penalties as
This document provides an overview and discussion of key Cenvat Credit rules in India. It begins with definitions of key terms like input service distributor. It then examines various rules around taking and distributing Cenvat credit, including rules around reversal of credit for write-offs, conditions for credit on input services, and refund of Cenvat credit. Examples are provided to illustrate the application of rules around distributing credit as an input service distributor. Case studies and clarifications on various issues under the different rules are also presented.
In Ontario, Independent Health Facilities (IHF) are licensed by the Ministry of Health. Doctors may have hands-on training to help patients manage illness, and investors may have the capital to acquire a medical facility. But very few people understand the bureaucratic process associated with transferring IHF licenses. Here is a little info n the complex bureaucracy.
For more info: http://medpros.wysework.com/healthcare-services/diagnostic-imaging/
Presentation on Service tax at Ernakulam dated 28.07.2013Agarwal sanjiv & Co
This presentation covers exemptions and abatements under service tax law in India. It discusses various exemptions for small service providers, exporters, SEZ units, healthcare, education, religious and charitable activities. It also discusses exemptions for services provided to government and local authorities, construction of roads, pollution control, and agriculture. Specific exemptions are provided for legal services, clinical research organizations, training in arts and sports, and construction of residential buildings and low-cost housing.
The document presents a group insurance scheme for Maceton Ltd. employees that includes:
1. Life insurance that pays benefits for natural death, accidental death, permanent disability, and critical illnesses.
2. Hospitalization coverage for inpatient treatment.
3. Outpatient coverage for medical, dental, and optical expenses.
The benefits and claim procedures are described in detail, along with exclusions for preexisting conditions, experimental treatments, and injuries resulting from illegal activities.
The document outlines India's Family Planning Insurance Scheme implemented through ICICI Lombard General Insurance Company. Key points:
- The scheme provides compensation for acceptors of sterilization procedures for issues like loss of wages, failure, death, or medical complications from the procedure.
- Doctors and facilities performing sterilizations are indemnified against legal claims up to Rs. 2 lakh per case.
- Coverage includes compensation for death (Rs. 1-2 lakh), sterilization failure (Rs. 20-30k), treatment costs (up to Rs. 20-25k). The government pays the insurance premium.
- Claims are processed through district quality committees and paid directly to
The spending bill passed in January 2015 included provisions modifying existing relief for expatriate health plans from many Affordable Care Act requirements. To qualify for this relief, a plan must cover qualified expatriates working abroad for at least 180 days or those whose skills require international assignments. It must also provide certain essential health benefits and comply with some pre-ACA requirements. Exempt expatriate plans are not subject to annual or lifetime limits, out-of-pocket maximums, or various individual and employer mandates. However, reporting under the individual and employer mandates is still required.
This document discusses various mechanisms for paying for dental care, including private fee-for-service, post-payment plans, and private third party prepayment plans such as commercial insurance companies and non-profit plans like Delta Dental. It also covers prepaid group practice plans, capitation plans, salaries, and public programs like Medicare and Medicaid. Key aspects of reimbursement for dentists and advantages and disadvantages of different payment mechanisms are described.
State RegulationsDeidra ManningHMGT 310University of.docxdessiechisomjj4
State Regulations
Deidra Manning
HMGT 310
University of Maryland
Professor Jerome Bozek
November 29, 2015
Student Name:
Deidra Manning
Assignment #3 Title:
Selection of a state regulation; The unannotated South Carolina Code of Regulations
Agency Responsible:
The South Carolina Legislative Council; The State Health and Human Services Finance Commission through the MEDICAID
Incentives and Enforcement:
The main enforcements are observed through ensuring that only the service providers enrolled in the program are the ones which provide the services, therefore enrollment is controlled and regulated Clients must be eligible for Medicaid to receive the services. The residents of South Carolina recipients of the services can be referred outside the South Carolina area, when this happens, they must have a prior approval from a state agency administering the Medicaid Program.
Technical assistance for the personnel providing the services is contained in the South Carolina State Plan for Title XIX (Medicaid), provider manuals, Medicaid Bulletins, and federal directives. This gives directives on their usage serving as a guide to their usage.
Key Aspect of the Regulation #1:
This regulation: 126-304 Community Long Term Care Home and Community Based Services.
It sets out clearly the requirements of the service receiver who should be a Medicaid eligible person, eighteen years of age or older, who has been determined by community long term care to require a skilled or intermediate level of care.this regulation has an effect on health care proffssional since they are required meet the said conditions.
(2) Home delivered meals are the in home provision of at least one meal per day to persons unable to care for their nutritional needs. This has a financial implication to the provider institution and making transport arrangements on availing the meals to the homes of the recipients.
(3) Medical day care is a group of services to restore, maintain and promote the health status through the provision of ambulatory health care and health related supportive services in a licensed medical day care center. This group of services requires that systems be put in place to receive alerts of emergence and a response team which shall be on standby to attend to the emergencies as and when they arise.
Medical social services are supportive services provided by an individual with no less than a Masters Degree in social work. The legal of academical training is essential to the personnel providing this service, because it is specific to the academical requirement of the said personnel
Personal care is the in home provision of the necessary services in support of activities of daily living, home support, medical monitoring, and client transportation services to restore, maintain and promote health status. This specifically affects the provider institution because special arrangements have to made to ensure adequate trained personnel to adequately manage the home provisio.
The document provides details about the group medical insurance program for employees of Hinduja Health Care Ltd. including benefit details, policy parameters, applicable members, policy period, standardized hospitalization coverage, maternity benefits, pre-and-post hospitalization expenses, pre-existing diseases coverage, customized benefits, general exclusions, enrollment process, and cashless hospitalization process. The insurance scheme is intended to provide insurance coverage for medical expenses related to hospitalization of Hinduja Health Care employees and dependents.
The IRS released interim guidance on how certain provisions of the Affordable Care Act apply to expatriate health plans under the Expatriate Health Coverage Clarification Act of 2014. The guidance provides additional time for expatriate plans to modify their plans to meet exemption requirements under the new law. It also clarifies that the Patient-Centered Outcomes Research Institute fee does not apply to plans that cover qualified expatriates as defined by the act. The interim guidance applies to policies issued or renewed on or after July 1, 2015 and plan years starting on or after that date.
Medicare Part B provides supplemental medical insurance for elderly and disabled individuals. It covers services like doctor visits, outpatient care, durable medical equipment, and preventive services. People qualify based on age or disability status as determined by the Social Security Administration. Enrollment periods and costs vary depending on eligibility and sign up timing. Late enrollment penalties may apply for those who delay coverage.
Malaysia GST Guideline on Healthcare Services (6th Nov. 2014)Hua Loon Lee
This document provides a guide on the Goods and Services Tax (GST) treatment of healthcare services in Malaysia. It outlines that healthcare services provided by the government are not subject to GST, while services provided by private healthcare facilities are generally exempt from GST. However, some standard-rated supplies in the healthcare sector include services provided by independent healthcare professionals to private facilities, pharmaceutical services not provided by facilities, and outsourced services. Medicines listed on the National Essential Medicine List are zero-rated when supplied by private facilities. The guide also addresses registration requirements and input tax credit claims for mixed suppliers in the healthcare industry.
The Consortium for Citizens with Disabilities (CCD) submitted comments on interim final rules implementing provisions of the Affordable Care Act regarding coverage of preventive services. CCD supports coverage of preventive services without cost sharing but believes rules should be strengthened. CCD recommends expanding the definition of preventive services and medical necessity to include maintenance of function. CCD also recommends clarifying coverage for high risk populations and services not addressed by guidelines. Stronger monitoring and enforcement of rules is needed.
The Consortium for Citizens with Disabilities (CCD) submitted comments on interim final rules implementing provisions of the Affordable Care Act regarding coverage of preventive services. CCD supports coverage of preventive services without cost sharing but believes rules should be strengthened. CCD recommends expanding the definition of preventive services and medical necessity to include maintenance of function. CCD also recommends clarifying coverage for high risk populations and services not addressed by guidelines. Stronger monitoring and enforcement of rules is needed.
This document provides an overview of Medicare including its different parts (A, B, C, and D). It discusses eligibility and enrollment, what is covered under each part, premiums and deductibles, penalties for late enrollment, and provides a quiz to test understanding. Key points include that Part A covers hospital, skilled nursing facility, home health, and hospice care while Part B covers doctor services and outpatient care. Part C is Medicare Advantage which provides managed care options. Part D is prescription drug coverage offered through private insurers.
Frequently asked questions about Obamacareexchangeenvoy
The document summarizes key provisions of the Affordable Care Act (ACA) related to health insurance exchanges, the individual mandate, employer penalties, and dependent coverage requirements. It explains that the ACA requires states to establish health insurance exchanges by 2014 to offer qualified health plans. It also outlines the individual mandate requiring most individuals to have minimum essential health coverage beginning in 2014, and penalties for employers not offering coverage. The ACA extends dependent coverage to age 26.
CareOptimize COVID-19 Webinar series episode 2 continues with the most up-to-date news from CMS along with other regulatory changes affecting the healthcare industry. The primary focus is on a trio of distinct provider models and how each of them is managing their practices while adapting to the challenges of the pandemic. We also go over the technology CareOptimize has developed aimed at streamlining COVID-19 monitoring and reporting.
The Next Generation ACO Model team hosted an open door forum on Tuesday, March 28, 2017. The Next Generation Model features three payment rule waivers, referred to as benefit enhancements. This open door forum provided an overview of the Model’s three benefit enhancements.
- - -
CMS Innovation Center
http://innovation.cms.gov
We accept comments in the spirit of our comment policy:
http://newmedia.hhs.gov/standards/comment_policy.html
CMS Privacy Policy
http://cms.gov/About-CMS/Agency-Information/Aboutwebsite/Privacy-Policy.html
- Reverse charge is a mechanism where the liability to pay service tax is on the service recipient instead of the service provider. It was first introduced in 1997 but struck down by the Supreme Court. It was reintroduced in 2000 and upheld by the Supreme Court in 2006.
- The scope of reverse charge was expanded in 2012 to cover 11 additional services including rent a car, manpower supply, works contract, and services by non-residents. The recipient's liability can be 50-100% depending on the service, with the provider paying the remainder.
- Compliance requirements for the recipient include registration, maintaining proper invoices, availing input tax credit, and filing returns. Failure to pay results in the same penalties as
This document provides an overview and discussion of key Cenvat Credit rules in India. It begins with definitions of key terms like input service distributor. It then examines various rules around taking and distributing Cenvat credit, including rules around reversal of credit for write-offs, conditions for credit on input services, and refund of Cenvat credit. Examples are provided to illustrate the application of rules around distributing credit as an input service distributor. Case studies and clarifications on various issues under the different rules are also presented.
The document provides an overview of the proposed GST framework in India, including:
- The origin and development of GST over time from 2006-2016.
- Key aspects of the proposed GST framework such as the types of taxes (CGST, SGST, IGST), the GST council and committees established, registration process, payment methods, and anticipated benefits.
- Details on the registration process including obtaining registration, approval process, surrender and cancellation of registration.
- An explanation of the various payment methods under GST particularly internet banking and over the counter payments.
This document summarizes key changes to India's service tax rates and exemptions as outlined in the Finance Bill 2016. Some of the key changes include:
1) Introduction of a new 0.5% Krishi Kalyan Cess, raising the effective service tax rate to 15%.
2) Making lottery distributors and certain government services to businesses taxable.
3) Removing certain transportation and education services from the negative list, making them taxable.
4) Providing some exemptions for legal services, IIM programs, and construction activities, while removing others for arbitral services and monorail projects.
This document outlines major points for examination in an audit of Audit Commissionerate in Agra on December 17, 2015. It lists topics like output liability, taxability, exports and exemptions, classification of bundled services, valuation including reimbursements and free-of-cost items, place of provision, cenvat credit availability and reversals, reverse charge mechanisms for foreign and domestic transactions, notes to accounts, forms 15CA and 15CB, trial balances, agreements, and other issues like ABC analysis, VAT and excise returns, statutory notices, tax payment trends, and taxation accounts. It provides a disclaimer that the content is for informational purposes only.
This document provides an overview of understanding financial statements for the purposes of an audit. It discusses reviewing periods of up to 5 years or the last completed fiscal year. Key items to focus on include money measurement concepts, consistency, and substance over form. An understanding of account codes, classifications, movements, balances and detailed ledgers is important. Trial balances list accounts with entries and service tax balances. Balance sheets consolidate subsidiary financials and examine revenue, cash flows, advances, and capital items. Special items like reverse charges, reimbursements, and netting require verification. The tax audit report provides information on depreciation, credit balances, and prior period adjustments. Other areas of focus include foreign transactions, corporate guarantees, and demands under other
This document discusses reverse charge mechanism in India. It provides an overview of the history of reverse charge introduction in 1997 and its subsequent amendments. It outlines services where the liability to pay service tax lies with the service recipient under reverse charge as of July 2012. These include insurance, sponsorship, rent-a-cab, manpower supply, works contract and services by non-residents. The document also addresses key clarifications around invoicing, CENVAT credit availment and compliance requirements for reverse charge.
This document discusses reverse charge mechanism in India. It provides a brief history of reverse charge introduction and key court cases. It outlines services where reverse charge is applicable and the liability split between service provider and recipient. Key points are made around registration requirements, invoice details, CENVAT credit availment and payment timelines for the recipient under reverse charge. Specific provisions for services like GTA, rent a cab and manpower supply are explained. Common questions around reverse charge are also addressed.
The document discusses analyzing financial statements to understand a company's performance and compliance with tax laws. It provides examples of notes and observations from director's reports that could indicate potential tax issues, such as claims for duty remission or reversal of input tax credits. The summary also outlines key items to examine in trial balances, balance sheets, tax audit reports and other financial documents in order to comprehensively review the company's financial activities and identify any tax-related discrepancies.
This document discusses reverse charge mechanism in India. It provides an overview of the history of reverse charge introduction in 1997 and its subsequent amendments. It outlines the key services where reverse charge is applicable including GTA, sponsorship, insurance, import of services, rent a cab, manpower supply, works contract and services by non-residents. It also discusses the liability of service provider and recipient in these cases. Important clarifications around invoicing, CENVAT availment and compliance procedures are provided.
The document discusses analyzing financial statements to understand a company's performance and compliance with tax laws. It provides examples of notes and observations from director's reports that could indicate potential tax issues, such as input tax credits claimed on destroyed goods, related party transactions, or new business lines affecting tax obligations. The summary also mentions reviewing trial balances, understanding accounting policies and concepts, and examining additional documents like tax audit reports that could be relevant to analyzing a company's financial statements for tax purposes.
The document provides an overview of service tax provisions in India including key sections and rules. It summarizes the old and new charging provisions under sections 66 and 66B. It explains the concept of negative list and lists various services excluded from service tax. It also describes declared services covered under service tax. Finally, it discusses the need for and overview of place of provision of services rules for determining where a service is provided in the taxable territory of India for service tax purposes.
The document summarizes key aspects of financial statements that should be reviewed during an audit, including the director's report, notes to accounts, trial balance, and balance sheet. It provides examples of items to examine, such as details on inventory write-offs, capital expenditures, subsidiaries, and related party transactions. The presentation also outlines important information that can be obtained from the tax audit report to validate credit balances and expenses.
The document summarizes key changes being introduced in the Indian budget related to service tax rates, exemptions, and abatements. Some of the major changes include:
1) Introduction of a new 0.5% Krishi Kalyan Cess, raising the effective service tax rate to 15%.
2) Removal of certain services from the negative list like education services and services provided by the government to business entities, making them taxable.
3) Reduction of exemptions and abatements across various sectors like transport, construction, and tour operators.
4) Introduction of reverse charge mechanism for certain specified services to check tax evasion.
The changes are aimed at broadening the service
The document summarizes key changes being introduced in the Indian budget related to service tax rates, exemptions, and abatements. Some of the major changes include:
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2) Removal of certain services from the negative list like education services and services provided by the government to business entities, making them taxable.
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The document summarizes changes introduced in the Finance Act 2016 related to service tax rates and exemptions. Key points include:
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2) Rates of service tax have been increased for various services such as transport, hotels, restaurants.
3) Education services have been removed from the negative list and will be taxed. All services provided by the government to business entities will be taxable.
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Exemptions and Abatements
1. Exemptions and Abatements
Institute of Chartered Accountant of India
May 25, 2014
Certificate Course on Indirect Taxes
Bilaspur
Presented by:
CA Gaurav Gupta
B.Com(Hons.), FCA, LLB, DISA
Partner
MGS & Co.
Author – Service Tax – Law & Practice
3. • New charging provision (Section 66B)
“There shall be levied a tax (hereinafter referred to as the service tax) at the rate of twelve
per cent. on the value of all services, other than those services specified in the
negative list, provided or agreed to be provided in the taxable territory by one person to
another and collected in such manner as may be prescribed.”
Section 93.
“(1) If the Central Government is satisfied that it is necessary in the public interest so to
do, it may, by notification in the Official Gazette, exempt generally or subject to such
conditions as may be specified in the notification, taxable service of any specified
description from the whole or any part of the service tax leviable thereon.”
Scheme of Act
Exemptions & Abatements CA Gaurav Gupta 3
4. Examine the definition of "Service" to determine if
the activity falls within its ambit. Special review of
"declared Service" required.
If the answer is affirmative, look out for its
exclusion in negative list
If not found in Negative list, look out for the
Service as being exempt under Notification No.
25/2012-ST dated June 20,, 2012
If not found there also, check for abatement /
partial exemption under Notification No.
26/2012-ST dated June 20,, 2012
Lastly, check Notification No. 30/2012 to
determine as to whether the liability to deposit
service tax is not on the recipient of Service
Negative List CA Gaurav Gupta 4
Scheme of Act
5. Mega Exemption Notification:- Earlier specific exemption were granted in
respect of services taxable under Section 65(105). However post enactment
of Finance Act, 2012, Master Notification No 25/2012-ST dated 20-06-2012
has been notified by the Department for providing exemption to specific
services superseding Mega Notification No 12/2012-ST dated 17-03-2012
issued by the Department.
Other Notifications:- There are certain exemptions which have not been
provided in Master Notification but provided by way of other Exemption
Notification.
Abatements:- Similarly all notification issued prior to enactment of Finance
Act, 2012 has now become inoperative. Mega Abatement Notification No
26/2012 – ST dated 20-06-2012 has been notified by the Department
providing abatement in respect of specific services.
Scheme of Act
Exemptions & Abatements CA Gaurav Gupta 5
7. Notification No. 25/2012 dated 20.06.2012
“In exercise of the powers conferred by sub-section (1) of section 93 of the
Finance Act, 1994 ….
….being satisfied that it is necessary in the public interest so to do, hereby
exempts the following taxable services from the whole of the service tax
leviable thereon under section 66B of the said Act”
Mega Exemption
Notification
Exemptions & Abatements CA Gaurav Gupta 7
8. Specified International Organizations have been defined in Mega Exemption
Notification as an International Organization declared by the Central
Government in pursuance of Sec 3 of the United Nations Act, 1947. The list of
Such Organization is as follows:-
1. Services provided to the UN or a specified international organization.
Mega Exemptions
• International Civil Aviation
Organization
• World Health Organization
• International Labour Organization
• International Monetary fund.
• Food and Agriculture Organization
of United Nation
• Universal Postal Union.
• International telecommunication
Union.
• World Meteorological Organization
• Permanent Central Opium board.
• Asian Development Bank.
• International hydrographic Bureau.
Etc.
Exemptions & Abatements CA Gaurav Gupta 8
9. Health care service has been defined under Mega Exemption as:
“any service by way of diagnosis or treatment or care for illness, injury,
deformity, abnormality or pregnancy in any recognised system of medicine
and includes:
• services by way of supply of meals for the patient or
• transportation of the patient to and from a clinical establishment,
but does not include hair transplant or cosmetic or plastic surgery, except
when undertaken to restore or to reconstruct anatomy or functions of body
affected due to congenital defects, developmental abnormalities, injury or
trauma.
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Exemptions & Abatements CA Gaurav Gupta 9
Mega Exemptions
10. Recognised system of medicine:
Reference to be made to Clause (h) of section 2 of the Clinical Establishments Act, 2010
• Allopathy
• Yoga
• Naturopathy
• Ayurveda
• Homeopathy
• Siddha
• Unani
• Any other system of medicine that may be recognized by central government
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Exemptions & Abatements CA Gaurav Gupta 10
Mega Exemptions
11. Health care should be provided by:
• A clinical establishment
Clinical establishment has been defined in the notification to mean “a hospital, nursing home,
clinic, sanatorium or any other institution by, whatever name called, that offers services or
facilities requiring diagnosis or treatment or care for illness, injury, deformity, abnormality or
pregnancy in any recognized system of medicine in India, or a place established as an
independent entity or a part of an establishment to carry out diagnostic or investigative services
of diseases.”
• An authorised medical practitioner
Authorized medical practitioner has been defined by the Notification to mean any medical
practitioner registered with any of the Councils of the recognized system of medicine established
or recognized by law in India and includes medical professional having the requisite qualification
to practice in any recognized system of medicine in India as per any law for the time being in
force.
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Exemptions & Abatements CA Gaurav Gupta 11
Mega Exemptions
12. Health care should be provided by:
• Para-Medics
Para 7.2.2. of Taxation of Services – An
Education Guide dated 20.06.2012 describes
Paramedics as trained health care professionals,
for example nursing staff, physiotherapists,
technicians, lab assistants etc.
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Exemptions & Abatements CA Gaurav Gupta 12
Mega Exemptions
13. Health care does not include services of hair transplant or cosmetic or plastic
surgery, except when undertaken to restore or to reconstruct anatomy or
functions of body affected due to congenital defects, developmental
abnormalities, injury or trauma.
Refer D.O.F. No. 334/13/2009-TRU, dated 6-7-2009 wherein it has been
specified that cosmetic surgery and plastic surgery are undertaken to preserve
or enhance physical appearance or beauty.
Eg. forehead lift, cosmetic dental surgery, orthodontics, aesthetic dentistry,
laser skin surfacing etc.
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Exemptions & Abatements CA Gaurav Gupta 13
Mega Exemptions
14. Treatment Exempt?
Facial implants
No, for beauty enhancement
Laser Hair removal treatment
No, CCE v New Look Cosmetic Laser
Center [2009 (14) S.T.R. 27 (Tri. - Ahmd.)]
Preventive medication
Yes, CopyGene A/S v. Ministry of Taxation,
Denmark [[2012] 22 taxmann.com189
(ECJ)]
Facelift of a person whose face is
damaged in road accident
Yes
2. Health care services by a clinical establishment, an authorized
medical practitioner or Para-medics.
Mega Exemptions
Answers for medical problem from a
call centre
No
15. 2A. Services provided by cord blood banks by way of preservation of
stem cells or any other service in relation to such preservation.
Exemptions & Abatements CA Gaurav Gupta 15
Mega Exemptions
16. A veterinary clinic means a clinic where animals and birds are treated. Further
the meaning and scope of health care service will remain same as defined for
earlier service.
3. Services by a veterinary clinic in relation to health care of animals or
birds.
Exemptions & Abatements CA Gaurav Gupta 16
Mega Exemptions
17. • Charitable activities
• Provided by an entity registered under Sec 12AA of Income Tax Act, 1961.
Charitable Activities is defined under Mega Exemption as “activities relating to-
(i) public health by way of -
(a) care or counseling of (i) terminally ill persons or persons with severe physical or mental
disability, (ii) persons afflicted with HIV or AIDS, or (iii) persons addicted to a dependence-
forming substance such as narcotics drugs or alcohol; or
(b) public awareness of preventive health, family planning or prevention of HIV infection;
(ii) advancement of religion or spirituality;
(iii) advancement of educational programmes or skill development relating to,-
(a) abandoned, orphaned or homeless children;
(b) physically or mentally abused and traumatized persons;
(c) prisoners; or
(d) persons over the age of 65 years residing in a rural area;
(iv) preservation of environment including watershed, forests and wildlife; or
4. Services by an entity registered under section 12AA of the Income
Tax Act, 1961
Exemptions & Abatements CA Gaurav Gupta 17
Mega Exemptions
18. 4. Services by an entity registered under section 12AA of the Income
Tax Act, 1961
Exemptions & Abatements CA Gaurav Gupta 18
Mega Exemptions
Activities Exempt?
Donations for Ramlila / Christmas
No, not a service
Religious activity of feeding animals
Yes, CIT v. Barkate Saifiyah Society [1995]
213 ITR 492 (Guj.)
Educational programes for persons
over age of 65 year in Delhi
No, Delhi is not a Rural area
Development of rain harvesting in
Delhi
Yes
19. The exemption covers services by a person by way of –
• Renting of precincts of a religious place meant for general
public or
• Conduct of any religious ceremony.
Religious place has been defined in Mega Exemption Notification as “a place
which is primarily meant for conduct of prayers or worship pertaining to a religion,
meditation, or spirituality” .
Para 7.5.2. - Religious ceremonies are life-cycle rituals including special religious
poojas conducted in terms of religious texts by a person so authorized by such
religious texts. Occasions like birth, marriage, and death involve elaborate eligious
ceremonies.
Event managers for religious ceremonies not covered.
5. Specified services provided in relation to religious activities.
Exemptions & Abatements CA Gaurav Gupta 19
Mega Exemptions
20. Services provided by-
(a) an arbitral tribunal to -
(i) any person other than a business entity; or
(ii) a business entity with a turnover up to rupees ten lakh in the preceding
financial year;
(b) an individual as an advocate or a partnership firm of advocates by way of legal
services to,-
(i) an advocate or partnership firm of advocates providing legal services ;
(ii) any person other than a business entity; or
(iii) a business entity with a turnover up to rupees ten lakh in the preceding
financial year; or
(c) a person represented on an arbitral tribunal to an arbitral tribunal.
6. Services of an individual advocate/arbitral tribunal.
Exemptions & Abatements CA Gaurav Gupta 20
Mega Exemptions
21. 6. Services of an individual advocate/arbitral tribunal.
Exemptions & Abatements CA Gaurav Gupta 21
Mega Exemptions
Legal Service provided by Individual or a
partnership firm of
advocates
Any other entity
To an individual advocate or a partnership firm of
advocates providing legal services
Exempt Taxable
To a Business entity with turnover more than 10 Lakhs Taxable Taxable
To a Business entity with turnover less than 10 Lakhs Exempt Taxable
To any other person Exempt Taxable
“legal service” means any service provided in relation to advice, consultancy or assistance in any
branch of law, in any manner and includes representational services before any court, tribunal or
authority;
22. The exemption is provided to services of technical testing or analysis of newly
developed drugs, including vaccines and herbal remedies, on human participants
by a clinical research organization approved to conduct clinical trials by the Drugs
Controller General of India.
7. Services by way of technical testing or analysis of specified drugs.
Exemptions & Abatements CA Gaurav Gupta 22
Mega Exemptions
23. Para 7.7.1.- There is exemption from service tax to training or coaching in recreational
activities relating to arts, culture or sports. The benefit is available to coaching or training
relating to all forms of dance, music, painting, sculpture making, theatre and sports etc.
Q. Is coaching to IPL players exempt?
Q. Is training of dance by Shaimak Dawar Exempt?
Q. Is activity of Farah Khan (choreographer) exempt?
8. Services by way of training or coaching in recreational activities
relating to arts, culture or sports.
Exemptions & Abatements CA Gaurav Gupta 23
Mega Exemptions
24. Services provided to an educational institution in respect of education exempted
from service tax, by way of,-
(a) auxiliary educational services; or
(b) renting of immovable property;
“Auxiliary educational services” means any services,
• relating to imparting any skill, knowledge, education or development of course content or
• any other knowledge – enhancement activity, whether for the students or the faculty,
• or any other services which educational institutions ordinarily carry out themselves but may obtain as
outsourced services from any other person,
• including services relating to admission to such institution, conduct of examination, catering for the
students under any mid-day meals scheme sponsored by Government, or transportation of students,
faculty or staff of such institution.
9. Specified service relating to educational institution.
Exemptions & Abatements CA Gaurav Gupta 24
Mega Exemptions
25. Any services provided by, _
(i) the National Skill Development Corporation set up by the Government of India;
(ii) a Sector Skill Council approved by the National Skill Development Corporation;
(iii) an assessment agency approved by the Sector Skill Council or the National Skill
Development Corporation;
(iv) a training partner approved by the National Skill Development Corporation or the
Sector Skill Council
in relation to (a) the National Skill Development Programme implemented by the
National Skill Development Corporation; or (b) a vocational skill development course
under the National Skill Certification and Monetary Reward Scheme; or (c) any other
Scheme implemented by the National Skill Development Corporation
9A. Specified service relating to skill training
Exemptions & Abatements CA Gaurav Gupta 25
Mega Exemptions
26. Recognized sports body means –
(i) the Indian Olympic Association,
(ii) Sports Authority of India,
(iii) a national sports federation recognised by the Ministry of Sports and Youth Affairs of the Central
Government, and its affiliate federations,
(iv) national sports promotion organisations recognised by the Ministry of Sports and Youth Affairs of
the Central Government,
(v) the International Olympic Association or a federation recognised by the International Olympic
Association or
(vi) a federation or a body which regulates a sport at international level and its affiliated federations or
bodies regulating a sport in India;
10. Services provided to a recognized sports body by specified person.
Exemptions & Abatements CA Gaurav Gupta 26
Mega Exemptions
27. Specific person are :-
- Player - Referee - Umpire
- Coach - Team Manager
When provided for participation in a sporting event organized by a recognized
sports body
10. Services provided to a recognized sports body by specified person.
Exemptions & Abatements CA Gaurav Gupta 27
Mega Exemptions
Sachin playing for India in
World cup
Shane Warne playing for
Rajasthan Royals
Taxable
Ravi Shastri acting as
commentator for Star Sports
Taxable
Exempt
28. Services by way of sponsorship of sporting events organised,-
(a) by a national sports federation, or its affiliated federations, where the
participating teams or individuals represent any district, state, zone or country;
(b) by Association of Indian Universities, Inter-University Sports Board, School
Games Federation of India, All India Sports Council for the Deaf, Paralympic
Committee of India or Special Olympics Bharat;
(c) by Central Civil Services Cultural and Sports Board;
(d) as part of national games, by Indian Olympic Association; or
(e) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
11. Services by way of sponsorship of tournaments or championship
organized by specified persons.
Exemptions & Abatements CA Gaurav Gupta 28
Mega Exemptions
29. Mega Exemptions
Exemption to Construction
and related activities of
Specified structures
Provided to
Government
Provided to any
person
Provided to any
person
-original works
Exemptions & Abatements CA Gaurav Gupta 29
30. Specified structures are :-
(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 historical monument, archaeological site or remains of national importance,
archaeological excavation, or antiquity specified under the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 (24 of 1958);
(c) a structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art
or cultural establishment;
(d) canal, dam or other irrigation works;
(e) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage
treatment or disposal; or
(f) a residential complex predominantly meant for self-use or the use of their employees or
other persons specified in the Explanation 1 to clause 44 of section 65 B of the said Act;
12. Service provided to the Government or local authority by way of
erection, construction, maintenance, repair, alteration, renovation or
restoration of specified structures.
Exemptions & Abatements CA Gaurav Gupta 30
Mega Exemptions
31. Specified structures means:-
(a) a road, bridge, tunnel, or terminal for road transportation for use by general
public;
(b) a civil structure or any other original works pertaining to a scheme under
Jawaharlal Nehru National Urban Renewal Mission or Rajiv Awaas Yojana;
(c) a building owned by an entity registered under section 12 AA of the Income
tax Act, 1961(43 of 1961) and meant predominantly for religious use by
general public;
(d) a pollution control or effluent treatment plant, except located as a part of a
factory; or
(e) a structure meant for funeral, burial or cremation of deceased;
13. Services provided by way of erection, construction, maintenance,
repair, alteration, renovation or restoration of specified structures
Exemptions & Abatements CA Gaurav Gupta 31
Mega Exemptions
32. Specified structures are:-
(a) an airport, port or railways, including monorail or metro;
(b) a single residential unit otherwise than as a part of a residential complex;
(c) low- cost houses up to a carpet area of 60 square metres per house in a
housing project approved by competent authority empowered under the
‘Scheme of Affordable Housing in Partnership’ framed by the Ministry of
Housing and Urban Poverty Alleviation, Government of India;
(d) post- harvest storage infrastructure for agricultural produce including a cold
storages for such purposes; or
(e) mechanised food grain handling system, machinery or equipment for units
processing agricultural produce as food stuff excluding alcoholic beverages;
Original works has been defined under Rule 2A of Determination of Value rules,
2006
14. Services by way of construction, erection, commissioning, or
installation of original works pertaining to specified structures.
Exemptions & Abatements CA Gaurav Gupta 32
Mega Exemptions
33. Services provided by way of temporary transfer or permitting the use or
enjoyment of a copyright,-
(a) covered under clause (a) of sub-section (1) of section 13 of the Copyright Act,
1957 (14 of 1957), relating to original literary, dramatic, musical or artistic works;
or
(b) of cinematograph films for exhibition in a cinema hall or
cinema theatre;”
15. Temporary transfer or permitting the use or enjoyment of a
copyright
Exemptions & Abatements CA Gaurav Gupta 33
Mega Exemptions
34. Temporary transfer
Permanent transfer of copyright would amount to sale of goods. The position has also been
confirmed in the case of Radaan Media Works (I) Ltd v CST, Chennai [2010 (19) S.T.R. 740
(Tri. - Chennai)]
Copyrights in specified items only
Original literary, dramatic, musical, artistic works or cinematograph films for exhibition in
cinema hall or theatre
15. Temporary transfer or permitting the use or enjoyment of a
copyright
Exemptions & Abatements CA Gaurav Gupta 34
Mega Exemptions
35. 15. Temporary transfer or permitting the use or enjoyment of a
copyright
Exemptions & Abatements CA Gaurav Gupta 35
Mega Exemptions
Song composer allowing
recording
Music Company distributing
its music
Taxable, sound recording falls under clause (c)
of sub-section (1) of section 13 of the Indian
Copyright Act, 1957
Author allowing publication of
his book
Exempt
Exempt
36. This service exempts service performed by artist in relation to :-
• music, or
• dance, or
• theatre,
excluding services provided by such artist as a brand ambassador.
16. Services by a performing artist in folk or classical art forms
Exemptions & Abatements CA Gaurav Gupta 36
Mega Exemptions
Performance by Zakir Husaain
for Taj Mahal
Performance of Pt Jasraj Exempt
Drawing by M F Husain Taxable, artists in still art forms
Taxable
Performance by Shiamak Dawar
in Western Dance form
Taxable, not classical
37. The present category exempts services by way of collecting or providing news to or by:
• an independent journalist,
• press trust of India or
• United news of India.
Thus if any news is supplied by any other person and news agencies like reuters to persons
other than specified persons, such news shall be taxable.
17. Services in relation to news
Exemptions & Abatements CA Gaurav Gupta 37
Mega Exemptions
38. • “Declared Tariff” means charges for all amenities provided in the unit of accommodation
(given on rent for stay) like furniture, air-conditioner, refrigerators or any other
amenities, but without excluding any discount offered on the published charges for such
unit.
• Letter DOF No 334/3/2011-TRU dated 25-04-2011 - Cost of extra bed will not form a
part of declare tariff.
• Further if the declared tariff is revised as per the tourist season, the liability to pay tax
shall be on the declared tariff for the accommodation where the published/printed tariff
is above Rs 1000.
18. Services by way of renting of a hotel, inn etc having declared tariff
of a room below Rs 1000 per day or equivalent
Exemptions & Abatements CA Gaurav Gupta 38
Mega Exemptions
39. 18. Services by way of renting of a hotel, inn etc having declared tariff
of a room below Rs 1000 per day or equivalent
Exemptions & Abatements CA Gaurav Gupta 39
Mega Exemptions
Is the tax required to be paid on declared tariff or
actual amount charged?
The actual tax will be liable to be paid on the
amount charged i.e. declared tariff minus any
discount offered. Thus if the declared tariff is Rs.
1100/-, but actual room rent charged is Rs. 800/-,
tax will be required to be paid @ 5% on Rs. 800/-
.
Is it possible to levy separate tariff for the same
accommodation in respect of corporate/privileged
customers and other normal customers?
It is possible to levy separate tariff for the same
accommodation in respect of a class of
customers which can be recognized as a distinct
class on an intelligible criterion. However, it is not
applicable for a single or few corporate entities.
Clarifications vide Circular No. 139/8/2011-TRU, dated 10-5-2011
40. 18. Services by way of renting of a hotel, inn etc having declared tariff
of a room below Rs 1000 per day or equivalent
Exemptions & Abatements CA Gaurav Gupta 40
Mega Exemptions
Is the declared tariff
supposed to include cost of
meals or beverages?
Where the declared tariff includes the cost of food or beverages.
Service Tax will be charged on the total value of declared tariff. But
where the bill is separately raised for food or beverages, and the
amount is charged in the bill, such amount is not considered as part of
declared tariff.
What is the position relating
to off-season prices? Will
they be considered as
declared tariff?
When the declared tariff is revised as per the tourist season, the
liability to pay Service Tax shall be only on the declared tariff for the
accommodation where the published/printed tariff is above Rupees
1000/-. However, the revision in tariff should be made uniformly
applicable to all customers and declared when such change takes
place.
Clarifications vide Circular No. 139/8/2011-TRU, dated 10-5-2011
41. • This entry exempts services provided in relation to serving of food or beverages by a
restaurant, eating joint or mess, other than those having the facility of air conditioning or
central air heating in any part of the establishment at any time during the year.
• Vide a newspaper advertisement, CBEC has clarified that service charges will also form
part of consideration while valuing service of restaurant.
• Services provided in relation to serving of food or beverages by a canteen maintained
in a factory covered under the Factories Act, 1948 (63 of 1948), having the facility of air-
conditioning or central air-heating at any time during the year
• Is Take away taxable?
19. Services provided in relation to serving of food or beverages by
specified restaurant
Exemptions & Abatements CA Gaurav Gupta 41
Mega Exemptions
42. • This entry exempts Services provided in relation to serving of food or beverages by a
canteen maintained in a factory covered under the Factories Act, 1948 (63 of 1948),
having the facility of air-conditioning or central air-heating at any time during the year
19A. Services provided in factory canteen
Exemptions & Abatements CA Gaurav Gupta 42
Mega Exemptions
43. • agricultural produce;
• foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil,
excluding alcoholic beverages;
• chemical fertilizer and oilcakes;
• newspaper or magazines registered with the Registrar of Newspapers;
• relief materials meant for victims of natural or man-made disasters, calamities,
accidents or mishap; or
• defence or military equipments
• Railway Equipments or materials (only in case of railways)
In case of GTA, following additional exemption is available:
• goods, where gross amount charged for the transportation of goods on a consignment
transported in a single carriage does not exceed one thousand five hundred rupees;
• goods, where gross amount charged for transportation of all such goods for a single
consignee does not exceed rupees seven hundred fifty;
20. Services by way of transportation by rail or a vessel from one port
in India to another or GTA of the specified goods.
Exemptions & Abatements CA Gaurav Gupta 43
Mega Exemptions
44. • Exemption has been provided to services which are by way of giving on hire to a state
transport undertaking, a motor vehicle meant to carry more than twelve passengers.
• Exemption given when to a goods transport agency, a means of transportation of
goods.
• State transport undertaking as defined under Mega Exemption as “meaning assigned to
it in clause (42) of sec 2 of Motor Vehicles Act, 1988(59 of 1988).”
• Para 7.11.5 - Giving on hire a bus to a state transport undertaking is exempt from
service tax. If the bus is given on hire to a person other than a state transport
undertaking, it will be taxed
21. Services by way of giving on hire specified means of transportation.
Exemptions & Abatements CA Gaurav Gupta 44
Mega Exemptions
45. Specified modes:-
• air, embarking from or terminating in an airport located in the state of Arunachal
Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or at
Bagdogra located in West Bengal;
• a contract carriage for the transportation of passengers, excluding tourism, conducted
tour, charter or hire; or
• ropeway, cable car or aerial tramway;
22. Transport of passengers, with or without accompanied belongings,
by specified modes.
Exemptions & Abatements CA Gaurav Gupta 45
Mega Exemptions
46. Specified services:-
• carrying out any activity in relation to any function ordinarily entrusted to a municipality
in relation to
o water supply,
o public health,
o sanitation conservancy,
o solid waste management or
o slum improvement and upgradation; or
• repair or maintenance of a vessel
23. Specifies service provided to the Government or a local authority or
a governmental authority.
Exemptions & Abatements CA Gaurav Gupta 46
Mega Exemptions
47. “governmental authority” means an authority or a board or any
other body;
(i) set up by an Act of Parliament or a State Legislature; or
(ii) established by Government,
with 90% or more participation by way of equity or control,
to carry out any function entrusted to a municipality under
article 243W of the Constitution
23. Specifies service provided to the Government or a local authority or
a governmental authority.
Exemptions & Abatements CA Gaurav Gupta 47
Mega Exemptions
48. Specified schemes -
• Hut Insurance Scheme;
• Cattle Insurance under Swarnajaynti Gram Swarozgar Yojna;
• Scheme for Insurance of Tribals;
• Janata Personal Accident Policy and Gramin Accident Policy;
• Group Personal Accident Policy for Self-Employed Women;
• Agricultural Pumpset and Failed Well Insurance;
• premia collected on export credit insurance;
• Weather Based Crop Insurance Scheme or the Modified National Agricultural
Insurance Scheme, approved by the Government of India and implemented by
the Ministry of Agriculture;
• Jan Arogya Bima Policy;
• National Agricultural Insurance Scheme;
• Pilot Scheme on Seed Crop Insurance;
• Central Sector Scheme on Cattle Insurance;
• Universal Health Insurance Scheme;
• Rashtriya Swasthya Bima Yojana; or
• Coconut Palm Insurance Scheme;
24. Services of general insurance business provided under specified
schemes.
Exemptions & Abatements CA Gaurav Gupta 48
Mega Exemptions
49. Services provided by an incubatee up to a total turnover of fifty lakh rupees in a financial
year subject to the following conditions, namely:-
(a) the total turnover had not exceeded fifty lakh rupees during the preceding financial year;
and
(b) a period of three years has not been elapsed from the date of entering into an
agreement as an incubatee;
‘incubatee’ as an entrepreneur located within the premises of a Technology Business
Incubator (TBI) or Science and Technology Entrepreneurship Park (STEP) recognised by
the National Science and Technology Entrepreneurship Development Board (NSTEDB) of
the Department of Science and Technology, Government of India and who has entered into
an agreement with the TBI or the STEP to enable himself to develop and produce hi-tech
and innovative products;
25. Services provided by an incubate subject to certain conditions.
Exemptions & Abatements CA Gaurav Gupta 49
Mega Exemptions
50. Service by an unincorporated body or an entity registered as society to own members by
way of reimbursement of charges or share of contribution:-
(a) as a trade union;
(b) for the provision of carrying out any activity which is exempt from the levy of service tax;
or
(c) up to an amount of five thousand rupees per month per member for sourcing of goods or
services from a third person for the common use of its members in a housing society or
a residential complex;
26. Specified service by an unincorporated body or an entity registered
as a society.
Exemptions & Abatements CA Gaurav Gupta 50
Mega Exemptions
51. The present entry provides exemption to services by the following person in respective
capacities:
(a) sub-broker or an authorised person to a stock broker;
(b) authorised person to a member of a commodity exchange;
(c) mutual fund agent to a mutual fund or asset management company;
(d) distributor to a mutual fund or asset management company;
(e) selling or marketing agent of lottery tickets to a distributer or a selling agent;
(f) selling agent or a distributer of SIM cards or recharge coupon vouchers;
(g) business facilitator or a business correspondent to a banking company or an insurance
company, in a rural area; or
(h) sub-contractor providing services by way of works contract to another contractor
providing works contract services which are exempt;
27. Services by specified intermediaries.
Exemptions & Abatements CA Gaurav Gupta 51
Mega Exemptions
52. Carrying out an intermediate production process as job work in relation to -
(a) agriculture, printing or textile processing;
(b) cut and polished diamonds and gemstones; or plain and studded jewellery of gold and
other precious metals, falling under Chapter 71 of the Central Excise Tariff Act ,1985 (5
of 1986);
(c) any goods on which appropriate duty is payable by the principal manufacturer; or
(appropriate duty does not include NIL duty or duty when sholly exempt)
(d) processes of electroplating, zinc plating, anodizing, heat treatment, powder coating,
painting including spray painting or auto black, during the course of manufacture of
parts of cycles or sewing machines upto an aggregate value of taxable service of the
specified processes of one hundred and fifty lakh rupees in a financial year subject to
the condition that such aggregate value had not exceeded one hundred and fifty lakh
rupees during the preceding financial year;
28. Specified services of carrying out an intermediate production
process as job work.
Exemptions & Abatements CA Gaurav Gupta 52
Mega Exemptions
53. Para 7.11.16 –
Footwear Association of India is organizing a business exhibition in Germany for footwear
manufacturers of India. Is Footwear association of India required to pay service tax on
services to footwear manufacturers?
No. The activity is exempt from service tax.
29. Services by an organizer to any person in respect of a business
exhibition held outside India
Exemptions & Abatements CA Gaurav Gupta 53
Mega Exemptions
54. Services by way of making telephone calls from -
(a) departmentally run public telephone;
(b) guaranteed public telephone operating only for local calls; or
(c) free telephone at airport and hospital where no bills are being issued
30. Services by way of making telephone calls from specified facilities
Exemptions & Abatements CA Gaurav Gupta 54
Mega Exemptions
It includes slaughtering of all animals
31. Services by way of slaughtering of animals
55. Exemptions & Abatements CA Gaurav Gupta 55
Mega Exemptions
Specified Persons:
(a) Government, a local authority, a governmental authority or an individual in relation to
any purpose other than commerce, industry or any other business or profession;
(b) an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) for the
purposes of providing charitable activities; or
(c) a person located in a non-taxable territory.
Para 7.11.17 - I am resident in Jammu and Kashmir and planning to construct a property in
Delhi. I have got the architectural drawings made from an architect who is also resident in
Jammu and Kashmir. Am I liable to pay service tax on architect services?
No. Even though the property is located in Delhi- in a taxable territory- your architect is
exempt from service tax as both the service provider and the service receiver is in a non-
taxable territory.
32. Services received from a service provider located in a non-taxable
territory by specified persons
56. Exemptions & Abatements CA Gaurav Gupta 56
Mega Exemptions
Services of public libraries by way of
a) Lending of books,
b) Publications or any other knowledge- enhancing content or material
33. Service of public libraries
Employees State Insurance Scheme provides full medical care in the form of medical
attendance, treatment, drugs and injections, specialist consultation and hospitalization to
insured persons and also to members of their families where the facility for Specialist
consultation, hospitalization has been extended to families.
34. Services by Employees State Insurance Corporation.
57. Exemptions & Abatements CA Gaurav Gupta 57
Mega Exemptions
• High Court of Rajasthan in case of Mecson Marbles Pvt Td v Commercial Tax officer
[200793)WLN 401] observed that transfer of a business implies transfer of a running
business together with all its rights, liabilities, stock in trade and goodwill.
• Para 7.11.15 - What does the term ‘transfer of a going concern’ mean?
Transfer of a going concern means transfer of a running business which is capable of
being carried on by the purchaser as an independent business, but shall not cover mere
or predominant transfer of an activity comprising a service. Such sale of business as a
whole will comprise comprehensive sale of immovable property, goods and transfer of
unexecuted orders, employees, goodwill etc. Since the transfer in title is not merely a
transfer in title of either the immovable property or goods or even both it may amount to
service and has thus been exempted.
35. Services by way of transfer of a going concern as whole or
independent part thereof
58. Exemptions & Abatements CA Gaurav Gupta 58
Mega Exemptions
• Services by way of public conveniences such as provision of facilities of bathroom,
washrooms, lavatories, urinal or toilets;
36. Services by way of public conveniences.
Services of Life Insurance under following schemes:-
• Janashree Bima Yojana (JBY) or
• Aam Aadmi Bima Yojana (AABY)
37. Services of Life insurance in specified schemes
59. Exemptions & Abatements CA Gaurav Gupta 59
Mega Exemptions
Functions are as follows:-
• the Municipalities with such powers and authority as may be necessary to enable them
to function as institutions of self government and such law may contain provisions for
the devolution of powers and responsibilities upon Municipalities, subject to such
conditions as may be specified therein, with respect to
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be
entrusted to them including those in relation to the matters listed in the Twelfth
Schedule;
• the Committees with such powers and authority as may be necessary to enable them to
carry out the responsibilities conferred upon them including those in relation to the
matters listed in the Twelth Schedule
38. Services by a government authority in relation to any function
entrusted to a municipality under article 243 W of the Constitution.
60. Exemptions & Abatements CA Gaurav Gupta 60
Mega Exemptions
It was further clarified vide F. No.334/03/2014-TRU dated February 17, 2014, that Loading,
unloading, packing, storage and warehousing of rice:
It was further clarified vide F. No.334/03/2014-TRU dated February 17, 2014, that following
exemptions are already available in respect of rice:
• Transportation of rice:
o by a rail or a vessel: Services by way of transportation of food stuff by rail or a vessel
from one place in India to another is exempt
o by a goods transport agency: Transportation of food stuff by a goods transport agency
is exempt.
• Milling of paddy into rice: When paddy is milled into rice, on job work basis, service
tax is exempt under sl.no.30 (a) of exemption notification 25/2012-ST dated 20th June,
2012, since such milling of paddy is an intermediate production process in relation to
agriculture.
40. Services by way of loading, unloading, packing, storage or
warehousing of rice.”.
62. Exemptions & Abatements CA Gaurav Gupta 62
Other Exemptions
1. Exemption to small service provider
2. Exemption in case of Import of technology
3. Services to foreign diplomatic mission
4. Services by TBI or STEP
5. Services provided to SEZ
6. Exemption against scrips under export Schemes
63. Exemptions & Abatements CA Gaurav Gupta 63
Other Exemptions
1. Exemption to small service provider - Notification No 33/2012 dated
01.07.2012
Exemption has been provided to a service provider when aggregate value of taxable service
(aggregate of all services and all premises) as provided by assesse is not exceeding a
specified limit during a financial year i.e Rs 10 Lakh at present.
However above notification is not available to following persons:-
• Person providing taxable services under a brand name or trade name
• Person required to pay service tax under reverse charge.
Conditions for availing above exemption:-
• Exemption is optional, however once opted for a financial year shall not be withdrawn
during remaining part of such financial year.
• Service provider shall not avail CENVAT credit of service tax paid on any input or input
services, capital goods.
• Service provider shall avail CENVAT Credit only on such inputs or input services as are
received on or after date on which service provider statrts paying service tax.
64. Exemptions & Abatements CA Gaurav Gupta 64
Other Exemptions
2. Exemption in case of Import of technology - Notification dated
14/2012 dated 17-03-2012
Exemption in respect of taxable service involving import of technology, from so much of
service tax, as is equivalent to extent of amount of R&D Cess payable on said transfer of
technology.
Conditions:-
• Amount of R&D Cess is paid within 6 months from date of invoice or in case of
associated enterprises, the date of credit in books of account.
• R&D Cess is paid at the time or before payment for service.
• The records of R&D Cess are maintained for establishing linkage between invoice or
credit entry and R&D Cess payment challan.
65. Exemptions & Abatements CA Gaurav Gupta 65
Other Exemptions
3. Services to foreign diplomatic mission - Notification No 27/2012-ST
dated 20.06.2012
All taxable service provided by any person, for the official use of a foreign diplomatic
mission or consular post in India or for personal use or for use of family members of
Diplomatic agents or carreer consular officers posted therein.
Procedure:-
a) Certificate is issued to diplomatic agents or career consular officers
b) An identification card bearing unique identification number and containing a photograph
and name of such diplomatic mission etc in India where he is posted.
c) A copy of certificate duly authenticated by the head of such foreign diplomatic mission
alongwith an undertaking in in original stating that services received are for official
purpose or for personal use of family.
d) The head of such foreign diplomatic mission etc shall maintain account of such
undertaking
e) Invoice by service to contain serial number and date of undertaking furnished
66. Exemptions & Abatements CA Gaurav Gupta 66
Other Exemptions
4. Service by TBI or STEP - Notification No 32/2012-ST dated
20.06.2012
All taxable service provided by TBI or STEP duly recognized by NSTEDB has been
exempted from service tax, provided they furnish requisite information in Form I and Form II
received from each incubate with Assistant Commissioner of Central Excise before
exercising such option.
67. Exemptions & Abatements CA Gaurav Gupta 67
Other Exemptions
4. Service to SEZ - Notification No 40/2012-ST dated 20.06.2012
All taxable services received by a Unit located in a Special Economic Zone (SEZ) or
Developer of SEZ for the authorized operations, has been exempted from the levy of whole
of the service tax, education cess and secondary and higher education cess.
- in case the specified services received and used for authorised operations are wholly consumed
within the SEZ, the provider of such services or the receiver of such services on reverse charge
basis, as the case may be, has the option not to pay the service tax ab initio
- Where the specified services received by Unit or Developer, are not wholly consumed within SEZ,
refund shall be restricted to the extent of the ratio of export turnover to the total turnover for the given
period to which the claim relates and the same shall be claimed as per the following ratio:
Refund = (Export Turnover of goods + Services of SEZ Unit/Developer) x Service tax paid on
services other than wholly consumed services (both SEZ and DTA)
Total Turnover
69. Exemptions & Abatements CA Gaurav Gupta 69
Abatements
Notification No. 26/2012 dated 20.06.2012
In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act,
1994 (32 of 1994) (hereinafter referred to as the said Act), …..
the Central Government, being satisfied that it is necessary in the public interest so to do,
hereby exempts the taxable service of the description specified in column (2) of the Table
below, from so much of the service tax leviable thereon under section 66B of the said Act,
as is in excess of the service tax calculated on a value which is equivalent to a percentage
specified in the corresponding entry in column (3) of the said Table, of the amount charged
by such service provider for providing the said taxable service, unless specified otherwise,
subject to the relevant conditions specified in the corresponding entry in column (4) of the
said Table, namely;-
70. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
1 Services in
relation to
financial
leasing
including hire
purchase
90 (i) The amount charged shall be an amount,
forming or representing as interest, i.e. the
difference between the installments paid
towards repayment of the lease amount and
the principal amount contained in such
installments;
(ii) the exemption shall not apply to an
amount, other than an amount forming or
representing as interest, charged by the
service provider such as lease management
fee, processing fee, documentation charges
and administrative fee, which shall be added
to the amount calculated in terms of (i)
above.
Abatements
Exemptions & Abatements CA Gaurav Gupta 70
71. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
2 Transport of
goods by rail
70
3 Transport of
passengers,
with or without
accompanied
belongings by
rail
70
Abatements
Exemptions & Abatements CA Gaurav Gupta 71
72. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
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
30 CENVAT
credit on any
goods
classifiable
under
Chapters 1 to
22 of the
Central Excise
Tariff Act,
1985 has not
been taken
The amount charged shall be the sum total of the gross
amount charged and the fair market value of all goods and
services supplied in or in relation to the supply of food or
any other article of human consumption or any drink
(whether or not intoxicating) and whether or not supplied
under the same contract or any other contract, after
deducting-
(i) the amount charged for such goods or services
supplied to the service provider, if any; and
(ii) the value added tax or sales tax, if any, levied thereon :
Provided that the fair market value of goods and services
so supplied may be determined in accordance with the
generally accepted accounting principles.
Abatements
Exemptions & Abatements CA Gaurav Gupta 72
73. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
5 Transport of
passengers by
air, with or without
accompanied
belongings
60 CENVAT credit on inputs and
capital goods, used for
providing the taxable service,
has not been taken
6 Renting of hotels,
inns, guest
houses, clubs,
campsites or
other commercial
places meant for
residential or
lodging purposes.
40
Same as above
Abatements
Exemptions & Abatements CA Gaurav Gupta 73
74. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
7 Services of goods
transport agency
in relation to
transportation of
goods.
75 Cenvat
Credit not
taken
8 Services provided
in relation to chit
70 Cenvat
Credit not
taken
Chit means a transaction whether called chit, chit fund,
chitty, kuri, or by whatever name by or under which a
person enters into an agreement with a specified
number of persons that every one of them shall
subscribe a certain sum of money (or a certain quantity
of grain instead) by way of periodical installments over
a definite period and that each subscriber shall, in his
turn, as determined by lot or by auction or by tender or
in such other manner as may be specified in the chit
agreement, be entitled to a prize amount,
Abatements
Exemptions & Abatements CA Gaurav Gupta 74
75. Exemptions & Abatements CA Gaurav Gupta 75
Chit fund
Notification No. 26/2012 dated 20.06.2012
• In the case of Delhi Chit Fund Association v Union Of India reported as 2013 (30) S.T.R.
347 (Del.), Hon’ble Delhi High Court has quashed the Centre's notification to levy
service tax on chit-fund business, saying the act of a foreman, who conducts auction of
chit amount among contributors, does not fall under the definition of "service" provided
in the Finance Act.
• Hon’ble Court held as under:
"We have come to the conclusion that no service tax is chargeable on the services rendered by
the foreman in a business chit fund on an interpretation of the statutory provisions. It is not
necessary for us to therefore express any opinion as to the correctness of the views expressed
in the aforesaid Education Guide issued by the Central Board of Excise and Customs.
16. In the result the writ petition succeeds and prayer (i) is granted. The notification of June
20, 2012 issued by the Government of India, Ministry of Finance (Department of Revenue) is
quashed.”
76. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
9 Renting of any
motor vehicle
designed to carry
passengers
60 No
CENVAT
credit is
taken
Renting of any motor vehicle designed to
carry passengers
10 Transport of
goods in a vessel
50 No
CENVAT
credit is
taken
Abatements
Exemptions & Abatements CA Gaurav Gupta 76
77. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
11 Services by a tour
operator in
relation to,-
(i) a package tour
75 (i) No CENVAT credit has been
taken (ii) The bill issued for this
purpose indicates that it is inclusive
of charges for such a tour.
Package tour means a tour wherein
transportation, accommodation for
stay, food, tourist guide, entry to
monuments and other similar
services in relation to tour are
provided by the tour operator as part
of the package tour to the person
undertaking the tour,
(ii) a tour, if the
tour operator is
providing services
solely of arranging
or booking
accommodation
for any person in
relation to a tour
90 (i) No Cenvat Credit taken
(ii) The invoice, bill or challan
issued indicates that it is
towards the charges for such
accommodation.
(ii) This exemption shall not apply
in such cases where the invoice
issued by the tour operator, in
relation to a tour, only includes
the service charges for arranging
accommodation and not the cost
of such accommodation.
Abatements
Exemptions & Abatements CA Gaurav Gupta 77
78. Sl.
No.
Description of
taxable service
% Conditions Explanation
(1) (2) (3) (4)
(iii) any services
other than
specified at (i)
and (ii) above.
60 (i) No CENVAT credit
has been taken.
(ii) The bill issued
indicates that the amount
charged in the bill is the
gross amount charged for
such a tour.
Abatements
Exemptions & Abatements CA Gaurav Gupta 78
79. Sl.
No.
Description of taxable service % Conditions Explanation
(1) (2) (3) (4)
12 (a)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 for a residential unit satisfying both
the following conditions namely:-
(i) The carpet area of unit is less than 2000
square feet and
(ii) The amount charged for the unit is less
than rupees one crore.
75 (i) CENVAT
credit on inputs
used for providing
the taxable service
has not been.
(ii) The value of
land is included in
the amount
charged from the
service receiver.
(b) Construction other than above 70
Abatements
Exemptions & Abatements CA Gaurav Gupta 79
80. 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
81. 1. International Civil Aviation Organisation
2. World Health Organisation
3. International Labor Organisation
4. Food and Agriculture Organisation of the United Nations
5. UN Educational, Scientific and Cultural Organisation (UNESCO)
6. International Monetary Fund (IMF)
7. International Bank for Reconstruction and Development
8. Universal Postal Union
9. International Telecommunication Union
10. World Meteorological Organisation
11. Permanent Central Opium Board
12. International Hydrographic Bureau
13. Commissioner for Indus Waters, Government of Pakistan and his
advisers and assistants
14. Asian African Legal Consultative Committee
15. Commonwealth Asia Pacific Youth Development Centre,
Chandigarh
16. Delegation of Commission of European Community
17. Customs Co-operation Council
18. Asia Pacific Telecommunity
19. International Centre of Public Enterprises in Developing
Countries, Ljubljana (Yugoslavia)
20. International Centre for Genetic Engineering and Biotechnology
21. Asian Development Bank
22. South Asian Association for Regional Co-operation
23. International Jute Organisation, Dhaka, Bangladesh
List of Specified Organizations