S. Y. BAF
(IV SEMESTER)

TAXATION- II
INDIRECT TAXES
Roll No: 807
Service Tax
 Service tax was introduced in India for the first time in

1994.
 Service Tax is a tax imposed by Government Of

India on services provided in India.
 The current rate is 12.36% on gross value of the service
What is Service Tax ?
 Tax on Services.
 Not an profession
 It is an Indirect tax
 Service tax is a tax levied by the government on service providers

on certain service transactions, but is actually borne by the
customers. It is categorized under Indirect Tax and came into
existence under the Finance Act, 1994.
Service Tax Rate
Period
From 1.7.1994 to 13.05.2003
From 14.5.2003 to 09.09.2004
From 10.9.2004 to 17.04.2006
From 18.4.2006 to 10.05.2007
From 11.05.2007 to 24.02.2009
From 25.02.2009
Now At Present

Rate
5%
8%
10%
12.24%*
12.36%*
10.3%*
12.36%*
Inclusive of cess
List of Services Covered Under Service Tax
 There are some detailed list of taxable services viz. Rail

Travel Agents, Tour Operator, Stock Exchange
Services, Internet Telecommunication
Services, Telephone, Transportation of Air and so on.
Applicability
 Section 64 (1)Applicable to the whole of India except

Jammu & Kashmir.

 Thus any services provided within the territorial limits

of the state of Jammu & Kashmir are excluded from the
purview of levy of tax i.e. it will not attract service tax.
Contd……
 If the service provider is from Jammu & Kashmir and

the service is provided in any other state then the
service tax is attracted.
Service provider

Service Receiver

Applicability of
Service Tax

Inside J & K

Inside J & K

Not Applicable

Inside J & K

Outside J & K

Applicable

Outside J & K

Inside J & K

Not Applicable
Valuation Of Taxable Services
 Section 66 of the Finance Act, 1994 levis a charge of

charge of service tax on the “value of taxable services”
provided or to be provided.
 As per the provision of the section 67 of the Act, the

value of Taxable Services shall be the gross amount
charged by the services provider for services provided
or to be provided.
CENVAT Credit- Some Aspects
 CENVAT stands for Central Value Added Tax.
 CENVAT Credit Rules, 2004 are made effective from 10-09-

2004.
 These rules deal with both manufacturers and with

providers.

 The interest and penalty amounts cannot be taken as

credit
Import of Services
 Taxable services imported into India are liable to

services tax as per the provisions of Section 66A.
 Accordingly, where any taxable services is –
(a) provided or to be provided by a person who –
(I) has established a business or
(II) has a fixed establishment from where the
services is provided or to be provided
Contd………….
(b) received by a person who has his place of
business,
fixed establishment, permanent
address or usual place of residence in India.
Procedure under Service Tax
 Registration
 Application for registration is to be made by every
person liable for paying the Service Tax.
 In Form ST-1 within 30 days from the date on which

Service Tax is levied or within 30 days from the date of
commencement of business whichever is later, to the
Central Excise Officer having jurisdiction.
Contd……
• Any provider of taxable services whose aggregate value of

taxable service in a financial year exceeds Rs. 9 lacs, has to
get themselves registered.

Registration of
Service Tax
Payment
 Payment by Individuals, Proprietary concern and

Partnership Firms

Payable on amounts received during the
Quarter

Payable on or
before

1st April to 30th June

5th July

1st July to 30th September

5th October

1st October to 31st December

5th January

1st January to 31st March

31st March
Returns
The following returns have to be filled
As service provider/Receiver
For the Half year

To be filed on or before

1st April to 30th September

25th October

1st October to 31st March

25th April
Delay in Filing Return
Period of Delay

Penalty

Up to to 15 days

Rs. 500

16 to 30 days

Rs. 1000

Beyond 30 days

Rs.1000/- plus Rs.100/- per day from the 31st day
till date of filing return
Assessment
 The Act provides for the self-assessment by the

Assessee i.e. the assessee shall himself assess and pay
the tax.
 Thus every Assessee (Service Provider or Service

Receiver) has to himself assess his Service Tax
provide/paid and thereafter file returns in Form No.
ST-3 on Half yearly basis.
Thank you....

SERVICE TAX

  • 1.
    S. Y. BAF (IVSEMESTER) TAXATION- II INDIRECT TAXES
  • 2.
  • 5.
    Service Tax  Servicetax was introduced in India for the first time in 1994.  Service Tax is a tax imposed by Government Of India on services provided in India.  The current rate is 12.36% on gross value of the service
  • 6.
    What is ServiceTax ?  Tax on Services.  Not an profession  It is an Indirect tax  Service tax is a tax levied by the government on service providers on certain service transactions, but is actually borne by the customers. It is categorized under Indirect Tax and came into existence under the Finance Act, 1994.
  • 7.
    Service Tax Rate Period From1.7.1994 to 13.05.2003 From 14.5.2003 to 09.09.2004 From 10.9.2004 to 17.04.2006 From 18.4.2006 to 10.05.2007 From 11.05.2007 to 24.02.2009 From 25.02.2009 Now At Present Rate 5% 8% 10% 12.24%* 12.36%* 10.3%* 12.36%* Inclusive of cess
  • 8.
    List of ServicesCovered Under Service Tax  There are some detailed list of taxable services viz. Rail Travel Agents, Tour Operator, Stock Exchange Services, Internet Telecommunication Services, Telephone, Transportation of Air and so on.
  • 10.
    Applicability  Section 64(1)Applicable to the whole of India except Jammu & Kashmir.  Thus any services provided within the territorial limits of the state of Jammu & Kashmir are excluded from the purview of levy of tax i.e. it will not attract service tax.
  • 11.
    Contd……  If theservice provider is from Jammu & Kashmir and the service is provided in any other state then the service tax is attracted. Service provider Service Receiver Applicability of Service Tax Inside J & K Inside J & K Not Applicable Inside J & K Outside J & K Applicable Outside J & K Inside J & K Not Applicable
  • 12.
    Valuation Of TaxableServices  Section 66 of the Finance Act, 1994 levis a charge of charge of service tax on the “value of taxable services” provided or to be provided.  As per the provision of the section 67 of the Act, the value of Taxable Services shall be the gross amount charged by the services provider for services provided or to be provided.
  • 13.
    CENVAT Credit- SomeAspects  CENVAT stands for Central Value Added Tax.  CENVAT Credit Rules, 2004 are made effective from 10-09- 2004.  These rules deal with both manufacturers and with providers.  The interest and penalty amounts cannot be taken as credit
  • 14.
    Import of Services Taxable services imported into India are liable to services tax as per the provisions of Section 66A.  Accordingly, where any taxable services is – (a) provided or to be provided by a person who – (I) has established a business or (II) has a fixed establishment from where the services is provided or to be provided
  • 15.
    Contd…………. (b) received bya person who has his place of business, fixed establishment, permanent address or usual place of residence in India.
  • 16.
    Procedure under ServiceTax  Registration  Application for registration is to be made by every person liable for paying the Service Tax.  In Form ST-1 within 30 days from the date on which Service Tax is levied or within 30 days from the date of commencement of business whichever is later, to the Central Excise Officer having jurisdiction.
  • 17.
    Contd…… • Any providerof taxable services whose aggregate value of taxable service in a financial year exceeds Rs. 9 lacs, has to get themselves registered. Registration of Service Tax
  • 18.
    Payment  Payment byIndividuals, Proprietary concern and Partnership Firms Payable on amounts received during the Quarter Payable on or before 1st April to 30th June 5th July 1st July to 30th September 5th October 1st October to 31st December 5th January 1st January to 31st March 31st March
  • 19.
    Returns The following returnshave to be filled As service provider/Receiver For the Half year To be filed on or before 1st April to 30th September 25th October 1st October to 31st March 25th April
  • 20.
    Delay in FilingReturn Period of Delay Penalty Up to to 15 days Rs. 500 16 to 30 days Rs. 1000 Beyond 30 days Rs.1000/- plus Rs.100/- per day from the 31st day till date of filing return
  • 21.
    Assessment  The Actprovides for the self-assessment by the Assessee i.e. the assessee shall himself assess and pay the tax.  Thus every Assessee (Service Provider or Service Receiver) has to himself assess his Service Tax provide/paid and thereafter file returns in Form No. ST-3 on Half yearly basis.
  • 22.