This document summarizes a presentation on services not liable to service tax in India under the new negative list regime. It discusses the key aspects of the negative list including the 17 broad categories of services specified in the negative list and the socio-economic considerations for services included. It provides analysis and examples of specific services covered in each sector of the negative list.
The document summarizes services that are not liable for service tax in India according to the new negative list regime. It covers 17 categories of services specified in the negative list, including services provided by the government, social welfare and public utilities, financial sector, transportation, construction and real estate, education, healthcare, and others. Key services exempted include those provided by the central/state governments, municipal authorities, the Reserve Bank of India, agricultural activities, betting and gambling, and entertainment events.
The document summarizes key aspects of India's negative list of services that are exempt from service tax, including:
1) It describes the 17 broad categories of services specified in the negative list, which cover sectors like financial services, transportation, construction, education, and healthcare.
2) Services provided by the government are exempt, excluding some specifically listed services like speed post and transport of goods.
3) "Agricultural services" directly related to farming are exempt, as are trading of goods and intermediate manufacturing processes for agriculture and printing.
The document provides an overview of the negative list of services and exempted services under service tax law in India. It discusses key aspects of the negative list such as services provided by the government, agriculture, betting/gambling, electricity distribution etc. It also covers exempted services such as education, entertainment events and amusement facilities. The document aims to explain the nuances and conditions around various negative listed and exempted services under the service tax regime in India.
This document analyzes India's negative list for service tax. It begins by explaining that under Section 66B, service tax will apply to all services except those specified in the negative list of 17 services.
It then examines each service in the negative list. For services provided by the government or local authorities, it analyzes what is considered a government or local authority and the specific government services that are exempt versus taxable.
For services provided by the Reserve Bank of India, it notes that only services provided by the RBI are exempt, not services provided to the RBI. It also summarizes the analysis for other negative list entries such as services relating to agriculture.
A Knowledge Workshop-Presentation II dated 14th July,2012Agarwal sanjiv & Co
The document provides an overview of the negative list of services and exempted services under the new service tax regime in India, as presented in a knowledge workshop by Dr. Sanjiv Agarwal. It discusses the key aspects of the negative list, including the 17 broad categories of services exempted from service tax. It also provides examples of activities that may now be taxed and analyzes specific sectors and services covered in the negative list.
This presentation covers the new regime of service taxation in India, including the negative list of services, exempted services, declared services and valuation, and bundled services. It discusses the scope of services taxable under the new regime, including examples of new activities that may be taxed. It also summarizes the key aspects of the negative list of services, such as the sectors covered and considerations in developing the list. Specific services discussed in detail include those provided by government, Reserve Bank of India, foreign diplomatic missions, relating to agriculture, trading of goods, manufacturing, selling advertising space/time, access to roads/bridges via tolls, betting/gambling and lotteries.
This document provides an overview of a knowledge workshop on the new regime of service taxation in India conducted by Dr. Sanjiv Agarwal.
[1] It discusses the scope of services subject to service tax, including those defined under the service tax law as well as those specified in the negative list of services and exempted services.
[2] Examples are provided of new activities that may become taxable, such as certain construction services, commercial artists, and non-compete fees.
[3] The negative list of services under the new law is analyzed, including the socio-economic considerations and sectors covered in the list. Specific services covered in the negative list, such as those provided by
The document discusses India's transition to a negative list regime for service tax, which taxes all services except those on an exemption list. Key points include:
1) Service tax will be levied at 12% on all services provided or agreed to be provided in India, except those on the negative list.
2) Important elements defining taxable services are the service provider, recipient, location of provision, and consideration.
3) "Declared services" are specifically included in the tax net and involve property rentals, IT services, and goods transferred via hire/lease without transferring use rights.
The document summarizes services that are not liable for service tax in India according to the new negative list regime. It covers 17 categories of services specified in the negative list, including services provided by the government, social welfare and public utilities, financial sector, transportation, construction and real estate, education, healthcare, and others. Key services exempted include those provided by the central/state governments, municipal authorities, the Reserve Bank of India, agricultural activities, betting and gambling, and entertainment events.
The document summarizes key aspects of India's negative list of services that are exempt from service tax, including:
1) It describes the 17 broad categories of services specified in the negative list, which cover sectors like financial services, transportation, construction, education, and healthcare.
2) Services provided by the government are exempt, excluding some specifically listed services like speed post and transport of goods.
3) "Agricultural services" directly related to farming are exempt, as are trading of goods and intermediate manufacturing processes for agriculture and printing.
The document provides an overview of the negative list of services and exempted services under service tax law in India. It discusses key aspects of the negative list such as services provided by the government, agriculture, betting/gambling, electricity distribution etc. It also covers exempted services such as education, entertainment events and amusement facilities. The document aims to explain the nuances and conditions around various negative listed and exempted services under the service tax regime in India.
This document analyzes India's negative list for service tax. It begins by explaining that under Section 66B, service tax will apply to all services except those specified in the negative list of 17 services.
It then examines each service in the negative list. For services provided by the government or local authorities, it analyzes what is considered a government or local authority and the specific government services that are exempt versus taxable.
For services provided by the Reserve Bank of India, it notes that only services provided by the RBI are exempt, not services provided to the RBI. It also summarizes the analysis for other negative list entries such as services relating to agriculture.
A Knowledge Workshop-Presentation II dated 14th July,2012Agarwal sanjiv & Co
The document provides an overview of the negative list of services and exempted services under the new service tax regime in India, as presented in a knowledge workshop by Dr. Sanjiv Agarwal. It discusses the key aspects of the negative list, including the 17 broad categories of services exempted from service tax. It also provides examples of activities that may now be taxed and analyzes specific sectors and services covered in the negative list.
This presentation covers the new regime of service taxation in India, including the negative list of services, exempted services, declared services and valuation, and bundled services. It discusses the scope of services taxable under the new regime, including examples of new activities that may be taxed. It also summarizes the key aspects of the negative list of services, such as the sectors covered and considerations in developing the list. Specific services discussed in detail include those provided by government, Reserve Bank of India, foreign diplomatic missions, relating to agriculture, trading of goods, manufacturing, selling advertising space/time, access to roads/bridges via tolls, betting/gambling and lotteries.
This document provides an overview of a knowledge workshop on the new regime of service taxation in India conducted by Dr. Sanjiv Agarwal.
[1] It discusses the scope of services subject to service tax, including those defined under the service tax law as well as those specified in the negative list of services and exempted services.
[2] Examples are provided of new activities that may become taxable, such as certain construction services, commercial artists, and non-compete fees.
[3] The negative list of services under the new law is analyzed, including the socio-economic considerations and sectors covered in the list. Specific services covered in the negative list, such as those provided by
The document discusses India's transition to a negative list regime for service tax, which taxes all services except those on an exemption list. Key points include:
1) Service tax will be levied at 12% on all services provided or agreed to be provided in India, except those on the negative list.
2) Important elements defining taxable services are the service provider, recipient, location of provision, and consideration.
3) "Declared services" are specifically included in the tax net and involve property rentals, IT services, and goods transferred via hire/lease without transferring use rights.
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)Agarwal sanjiv & Co
This document provides an overview of a workshop on service tax conducted by Dr. Sanjiv Agarwal. It summarizes the key topics discussed in Session III, including negative/exempted services under service tax. Some highlights covered are:
- The negative list of services specifies 17 broad categories of services that are not subject to service tax.
- Exemptions include certain agricultural services, renting of residential property, financial services like interest income, transportation of passengers, funeral services, and services provided by educational institutions.
- Specific exempted services notified in 2012 include health care services, services provided to the UN or international organizations, and services provided by entities registered with charities.
The document summarizes India's negative list for service tax. Under the new system introduced in 2012, all services are taxable unless they are specified in the negative list. The negative list is defined in Section 66D and includes 17 categories of services that are exempted from service tax, such as services provided by the government, Reserve Bank of India, foreign diplomatic missions, agricultural services, betting/gambling, education, renting of residential property, funeral services, and transportation of passengers by local trains, metro, buses and auto rickshaws.
Gst rate chart on services and exempted itemsSonu Malik
As the GST Council has released the exemptions list in relation to GST on Goods and Services or both, so here we are sharing with you the simple list form of all exemptions.
The document summarizes various exemptions from GST in India, including:
1. Certain goods like live animals, meat, fish, vegetables and fruits are exempt from GST. Common items like sugar, drugs, fertilizers and national flags are also exempt.
2. Many essential services are exempt, including health care, education services up to higher secondary level, religious ceremonies, charitable activities, and pension schemes.
3. Agriculture-related services like warehousing of farm goods, fumigation, crop services and transport are exempt from GST.
4. The government has power to grant exemptions from GST if deemed necessary for public interest.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. There are various provisions for exemptions under the GST Law. In this Part II of the webinar, we shall analyse and understand such provisions.
This document provides an overview of the negative list of services that are exempted from service tax in India. It discusses the 17 categories of services specified in the negative list, including services provided by the government, Reserve Bank of India, foreign diplomatic missions, agriculture, transportation, education, renting of residential dwellings, financial services, and funeral services. The negative list aims to exempt essential services from taxation while applying service tax to other taxable services.
OBJECTIVE
Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. There are various periodic compliance requirements and filings under GST. In this webinar, we shall analyse and understand the forms GSTR-1 and GSTR-3B.
1. The document discusses India's negative list of services that are exempted from service tax. It covers 17 categories of services exempted, including services provided by the government, Reserve Bank of India, agricultural services, trading of goods, manufacturing processes, and more.
2. Key points covered include the definition of government and local authority in the context of the exemption, analysis of specific services covered/not covered under various exemptions, and treatment of bundled services and advertisement agency services for taxability.
3. Printing and publishing of yellow pages and business directories is liable to service tax since it is not considered sale of advertising space exempted under the negative list.
OBJECTIVE
Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. GST subsumed various indirect laws in the country and the led to the formation of a common national market. In this webinar, we shall look at various important definitions and terminologies under the GST Law.
This document is the Competition Act of 2002 from India. It establishes the Competition Commission of India to prevent anticompetitive practices, promote competition, protect consumer interests and ensure freedom of trade. Some key points:
- It prohibits anticompetitive agreements between enterprises or people that have adverse effects on competition. This includes cartels that limit production or fix prices.
- It regulates the combination of enterprises to ensure transactions do not infringe on market competition.
- The Commission is tasked with investigating and adjudicating anti-competitive agreements and abuse of dominant positions, as well as reviewing mergers and acquisitions.
- The Act aims to balance economic development with competition by promoting an
LEVY AND COLLECTION OF GST – Scope of Supply - Schedule I, II & IIISundar B N
Under the old tax regime in India, different taxes like excise, VAT/CST, and service tax had different taxable events. GST unified these various taxes and introduced a single taxable event of "supply". Supply includes all forms of supply of goods or services for a consideration in the course of business. Certain activities specified in Schedules I, II and III of the GST acts are treated as supply. For a transaction to qualify as supply under GST, it must be a supply of goods or services, for a consideration, in the course of business, by a taxable person, and be a taxable supply.
This document provides an overview of central excise duties in India. It discusses the governing legislation, constitutional basis, territorial jurisdiction, taxable events, conditions for levy of excise duty, and key definitions. Central excise duties are governed by the Central Excise Act of 1944 and apply to goods manufactured or produced in India if they are movable, marketable, and specified under the Central Excise Tariff Act. The taxable event is the manufacture or production of excisable goods in India.
This document outlines various duties and taxes that can be levied in India, including:
(a) Basic Excise Duty and Additional Duty equivalent on goods manufactured in or imported to India.
(b) Special Excise Duty and additional duty equal to SED on goods manufactured in or imported.
(c) Additional duties on goods of special importance like sugar and tobacco. Duty credits apply to imported equivalents.
It also describes service taxes, education and other cess duties that can be applied to excisable goods, imported goods, and taxable services in India.
Self-assessment in customs – more responsibility on the importer or exporter
Electronic declaration of imports or exports has been part of the EDI system, and there were regulations under which such declarations were accepted. Now a new set of regulations is proposed, in line with self-assessment. The new draft regulations, now up on the CBEC site, are commensurate with the general trend towards shifting the responsibility to the importer / exporter. The form of declaration is much longer and asks for much more information from the importer / exporter. See the draft circular at http://www.cbec.gov.in/draft-circ/draft-electronicbill.htm
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. It is designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
The document summarizes procedures for exporting goods from India with a rebate or refund of excise duties paid. Key points:
1) Goods can be exported for a rebate/refund of duties paid, subject to conditions like exporting within 6 months, market price not being lower than rebate claimed, and rebate amount not being less than Rs. 500.
2) The export process involves examination and sealing of goods, distribution of export documents, and filing a rebate claim along with documents like invoices and shipping bills.
3) Goods can also be exported without duty payment to Nepal/Bhutan under bond or for certain projects, following verification and sealing procedures.
4) Procedures
The document discusses customs duty in India. It defines customs duty and explains that duties are levied on imported and exported goods. The levy and rates are governed by the Customs Act of 1962 and Customs Tariff Act of 1975. Customs duty is intended to raise government revenue and protect domestic industries. Under GST, IGST is charged on imported goods based on value slabs. The document outlines various cases for determining the timing of duty based on if goods are cleared for home consumption or warehousing. It also discusses export duty timing and valuation methods for customs including transaction value, identical/similar goods, deductive value, computed value, and residual method.
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
The document presents an overview of the key changes to India's service tax law as amended in 2014, including:
- Service tax now applies to all services by default, except those specified in the negative list or exempted. Previously only certain specified services were taxable.
- There are now 17 categories of services specified in the negative list that are not subject to service tax.
- Several other changes were made, such as directors' services to companies now being taxable under service tax.
The workshop aimed to educate participants on understanding the amended service tax law and highlighted major provisions around the definition of taxable services, the negative list approach, exemptions and other key changes introduced in the 2014 budget.
A Knowledge Workshop-Presentation III dated 14th July,2012Agarwal sanjiv & Co
The document provides information about a knowledge workshop on service taxation in India conducted by Dr. Sanjiv Agarwal. It discusses key aspects of the new service tax regime in India including declared services, construction activities, intellectual property rights, information technology software, obligations/actions, transfer of goods, and works contracts. Specific types of declared services such as renting of immovable property and their tax treatment are explained in detail.
A Knowledge Workshop-Presentation IV dated 14th July,2012Agarwal sanjiv & Co
The document summarizes new provisions around service tax abatements and the reverse charge mechanism in India. Key points include: 1) Abatements have been merged into a single notification with specific percentage abatements listed for various services; 2) The reverse charge applies to certain specified services, with the liability to pay tax split between the service provider and recipient. Credit can be claimed by the service recipient for taxes paid under reverse charge.
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)Agarwal sanjiv & Co
This document provides an overview of a workshop on service tax conducted by Dr. Sanjiv Agarwal. It summarizes the key topics discussed in Session III, including negative/exempted services under service tax. Some highlights covered are:
- The negative list of services specifies 17 broad categories of services that are not subject to service tax.
- Exemptions include certain agricultural services, renting of residential property, financial services like interest income, transportation of passengers, funeral services, and services provided by educational institutions.
- Specific exempted services notified in 2012 include health care services, services provided to the UN or international organizations, and services provided by entities registered with charities.
The document summarizes India's negative list for service tax. Under the new system introduced in 2012, all services are taxable unless they are specified in the negative list. The negative list is defined in Section 66D and includes 17 categories of services that are exempted from service tax, such as services provided by the government, Reserve Bank of India, foreign diplomatic missions, agricultural services, betting/gambling, education, renting of residential property, funeral services, and transportation of passengers by local trains, metro, buses and auto rickshaws.
Gst rate chart on services and exempted itemsSonu Malik
As the GST Council has released the exemptions list in relation to GST on Goods and Services or both, so here we are sharing with you the simple list form of all exemptions.
The document summarizes various exemptions from GST in India, including:
1. Certain goods like live animals, meat, fish, vegetables and fruits are exempt from GST. Common items like sugar, drugs, fertilizers and national flags are also exempt.
2. Many essential services are exempt, including health care, education services up to higher secondary level, religious ceremonies, charitable activities, and pension schemes.
3. Agriculture-related services like warehousing of farm goods, fumigation, crop services and transport are exempt from GST.
4. The government has power to grant exemptions from GST if deemed necessary for public interest.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. There are various provisions for exemptions under the GST Law. In this Part II of the webinar, we shall analyse and understand such provisions.
This document provides an overview of the negative list of services that are exempted from service tax in India. It discusses the 17 categories of services specified in the negative list, including services provided by the government, Reserve Bank of India, foreign diplomatic missions, agriculture, transportation, education, renting of residential dwellings, financial services, and funeral services. The negative list aims to exempt essential services from taxation while applying service tax to other taxable services.
OBJECTIVE
Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. There are various periodic compliance requirements and filings under GST. In this webinar, we shall analyse and understand the forms GSTR-1 and GSTR-3B.
1. The document discusses India's negative list of services that are exempted from service tax. It covers 17 categories of services exempted, including services provided by the government, Reserve Bank of India, agricultural services, trading of goods, manufacturing processes, and more.
2. Key points covered include the definition of government and local authority in the context of the exemption, analysis of specific services covered/not covered under various exemptions, and treatment of bundled services and advertisement agency services for taxability.
3. Printing and publishing of yellow pages and business directories is liable to service tax since it is not considered sale of advertising space exempted under the negative list.
OBJECTIVE
Goods and Services Tax (GST) is the Indirect Tax levied in India introduced in July 2017 which was one of the most important reforms in the Indian Economy. GST subsumed various indirect laws in the country and the led to the formation of a common national market. In this webinar, we shall look at various important definitions and terminologies under the GST Law.
This document is the Competition Act of 2002 from India. It establishes the Competition Commission of India to prevent anticompetitive practices, promote competition, protect consumer interests and ensure freedom of trade. Some key points:
- It prohibits anticompetitive agreements between enterprises or people that have adverse effects on competition. This includes cartels that limit production or fix prices.
- It regulates the combination of enterprises to ensure transactions do not infringe on market competition.
- The Commission is tasked with investigating and adjudicating anti-competitive agreements and abuse of dominant positions, as well as reviewing mergers and acquisitions.
- The Act aims to balance economic development with competition by promoting an
LEVY AND COLLECTION OF GST – Scope of Supply - Schedule I, II & IIISundar B N
Under the old tax regime in India, different taxes like excise, VAT/CST, and service tax had different taxable events. GST unified these various taxes and introduced a single taxable event of "supply". Supply includes all forms of supply of goods or services for a consideration in the course of business. Certain activities specified in Schedules I, II and III of the GST acts are treated as supply. For a transaction to qualify as supply under GST, it must be a supply of goods or services, for a consideration, in the course of business, by a taxable person, and be a taxable supply.
This document provides an overview of central excise duties in India. It discusses the governing legislation, constitutional basis, territorial jurisdiction, taxable events, conditions for levy of excise duty, and key definitions. Central excise duties are governed by the Central Excise Act of 1944 and apply to goods manufactured or produced in India if they are movable, marketable, and specified under the Central Excise Tariff Act. The taxable event is the manufacture or production of excisable goods in India.
This document outlines various duties and taxes that can be levied in India, including:
(a) Basic Excise Duty and Additional Duty equivalent on goods manufactured in or imported to India.
(b) Special Excise Duty and additional duty equal to SED on goods manufactured in or imported.
(c) Additional duties on goods of special importance like sugar and tobacco. Duty credits apply to imported equivalents.
It also describes service taxes, education and other cess duties that can be applied to excisable goods, imported goods, and taxable services in India.
Self-assessment in customs – more responsibility on the importer or exporter
Electronic declaration of imports or exports has been part of the EDI system, and there were regulations under which such declarations were accepted. Now a new set of regulations is proposed, in line with self-assessment. The new draft regulations, now up on the CBEC site, are commensurate with the general trend towards shifting the responsibility to the importer / exporter. The form of declaration is much longer and asks for much more information from the importer / exporter. See the draft circular at http://www.cbec.gov.in/draft-circ/draft-electronicbill.htm
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. It is designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
The document summarizes procedures for exporting goods from India with a rebate or refund of excise duties paid. Key points:
1) Goods can be exported for a rebate/refund of duties paid, subject to conditions like exporting within 6 months, market price not being lower than rebate claimed, and rebate amount not being less than Rs. 500.
2) The export process involves examination and sealing of goods, distribution of export documents, and filing a rebate claim along with documents like invoices and shipping bills.
3) Goods can also be exported without duty payment to Nepal/Bhutan under bond or for certain projects, following verification and sealing procedures.
4) Procedures
The document discusses customs duty in India. It defines customs duty and explains that duties are levied on imported and exported goods. The levy and rates are governed by the Customs Act of 1962 and Customs Tariff Act of 1975. Customs duty is intended to raise government revenue and protect domestic industries. Under GST, IGST is charged on imported goods based on value slabs. The document outlines various cases for determining the timing of duty based on if goods are cleared for home consumption or warehousing. It also discusses export duty timing and valuation methods for customs including transaction value, identical/similar goods, deductive value, computed value, and residual method.
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
The document presents an overview of the key changes to India's service tax law as amended in 2014, including:
- Service tax now applies to all services by default, except those specified in the negative list or exempted. Previously only certain specified services were taxable.
- There are now 17 categories of services specified in the negative list that are not subject to service tax.
- Several other changes were made, such as directors' services to companies now being taxable under service tax.
The workshop aimed to educate participants on understanding the amended service tax law and highlighted major provisions around the definition of taxable services, the negative list approach, exemptions and other key changes introduced in the 2014 budget.
A Knowledge Workshop-Presentation III dated 14th July,2012Agarwal sanjiv & Co
The document provides information about a knowledge workshop on service taxation in India conducted by Dr. Sanjiv Agarwal. It discusses key aspects of the new service tax regime in India including declared services, construction activities, intellectual property rights, information technology software, obligations/actions, transfer of goods, and works contracts. Specific types of declared services such as renting of immovable property and their tax treatment are explained in detail.
A Knowledge Workshop-Presentation IV dated 14th July,2012Agarwal sanjiv & Co
The document summarizes new provisions around service tax abatements and the reverse charge mechanism in India. Key points include: 1) Abatements have been merged into a single notification with specific percentage abatements listed for various services; 2) The reverse charge applies to certain specified services, with the liability to pay tax split between the service provider and recipient. Credit can be claimed by the service recipient for taxes paid under reverse charge.
This document summarizes recent amendments to India's service tax law, new penal provisions, and the Voluntary Compliance Encouragement Scheme introduced in 2013. Key points include: increased penalties for non-compliance by companies and their directors; certain offenses made cognizable; power of arrest if tax evaded exceeds 50 lakhs; and a one-time amnesty scheme until December 2013 to encourage voluntary compliance through waived penalties and interest for those declaring unpaid service tax dues since 2007. The presentation provides details on these changes and clarifies provisions, exceptions, and implications to improve tax compliance.
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
This document summarizes the key changes made to service tax law in India by the Finance Act of 2014. Some major changes include expanding the scope of taxable services by removing certain exemptions, changing rules related to point of taxation and place of provision of services, making e-payment of service tax mandatory, and amending provisions around CENVAT credit and valuation of works contracts. The presentation covers these changes in detail across various sectors such as advertising, transportation, healthcare, education, accommodation and others.
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
This document summarizes the key aspects of the adjudication process for service tax demands in India. It covers topics such as:
- Triggers for issuing a show cause notice (SCN) by the department
- Contents and timing of SCNs
- Handling and responding to SCNs
- The adjudication process and principles of natural justice
- Issuance and characteristics of the adjudication/demand order
- Consequences and options after the adjudication order
It provides details on the demand confirmation process, recovery proceedings, relevant dates, monetary limits of officers for adjudication, and principles like speaking orders and de novo adjudication. Overall, the document offers a comprehensive overview of the
This document summarizes a presentation on understanding the new regime of service taxation in India. The presentation covers an economic overview of India, an overview of past and present taxation of services, and the major changes introduced in the new service tax system effective July 2012. Key changes include shifting from a selective to a comprehensive approach, defining "service" for the first time, introducing a "negative list" of non-taxable services, and new provisions regarding the place of provision of services and their taxation.
A Presentation On Construction & GTA Services – An Overview 29th November...Agarwal sanjiv & Co
The document provides an overview of a seminar on construction and GTA services. It covers taxation of services in India historically and currently, including the shift to a negative list approach. It also discusses the taxation of construction services specifically, including what activities are considered construction, works contracts, and exemptions for services provided to government. Key highlights include the definition of construction activities as taxable services and an overview of the valuation rules for the taxable service portion of works contracts.
The document provides an overview of audit and accounts provisions under the Companies Act 2013 through a presentation. Key highlights include mandatory consolidation of financial statements, reopening of accounts only via court order, voluntary revision of statements, constitution of the National Financial Reporting Authority (NFRA) to regulate auditing standards and practices, and new requirements for auditor appointment, remuneration and duties. The presentation also covers financial statements, books of accounts, corporate social responsibility requirements and rights of members to access statements.
The document discusses various definitions and concepts relating to service tax in India, including the definition of "service", exemptions, negative list of services, declared services, works contracts, renting, point of taxation rules, and place of provision of service rules. It analyzes issues and problem areas with the broad statutory definitions and how various activities may fall within or outside the scope of taxation. Key topics of discussion include taxable persons, works contracts valuation, demarcation with VAT, and taxation of assignments of actionable claims.
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 analyzes India's negative list for service tax. Some key points:
- Section 66B levies service tax on all services except those specified in the negative list, which currently includes 17 services.
- The negative list includes services provided by government/local authorities with some exceptions, services by the Reserve Bank of India, services by foreign diplomatic missions in India, agricultural services, trading of goods, manufacturing processes, advertising (except radio/TV), toll roads, betting/gambling, and admission to entertainment events.
- Some services are taxable depending on circumstances - Department of Posts agency services to non-government entities, support services to business entities by government, inter-departmental services between central
The document discusses exemptions and zero-rated supplies under GST. It defines exempt supplies as those taxed at a nil rate or exempt by law. Zero-rated supplies include exports and supplies to special economic zones, which are taxed at 0% to promote these activities. The document also discusses non-taxable supplies not covered by GST and transactions that are neither goods nor services. It provides examples and addresses related questions on these topics.
The document summarizes key aspects of India's transition to a negative list approach for service tax, effective July 1, 2012. It defines key terms, outlines the 17 items in the negative list that are exempt from service tax, and discusses amendments made in 2014 that expanded the tax to additional services like radio taxis and advertising in non-print media. The summary also notes changes to provisions around adjudication timelines, information sharing between government agencies, and monetary limits for appeals to the CESTAT.
The document summarizes key aspects of the introduction of service tax version 2.0 in India through the Finance Act of 2012, which introduced a negative list approach to taxation of services.
Some key points include:
- Service tax revenue has grown significantly over time, with a record 37% growth in FY 2011-12.
- The new system aims to provide clearer definitions and reduce gaps and loopholes to improve tax collection.
- A "service" is defined as an activity carried out for consideration, which can be monetary or non-monetary.
- Various rules are provided to determine the location or "place of provision" of different types of services.
- A negative list of 17 services
- GST is levied on the supply of goods or services. A supply can be composite (bundled supplies taxed at the rate of the principal supply) or mixed (separate items taxed at the highest rate).
- Under reverse charge, the recipient of the supply is liable to pay GST instead of the supplier in certain cases like import of services. Key reverse charge supplies include services by unregistered persons, GTA, legal/arbitration services to businesses.
- The document discusses concepts like composite vs mixed supply, reverse charge mechanism, and examples of supplies taxed under reverse charge.
Service tax is an indirect tax levied on services in India. There is no separate Service Tax Act - it is imposed annually through amendments to the Finance Act of 1994. Service tax applies to the entire country except Jammu and Kashmir. The current rate of service tax is 12% plus applicable cess. Certain services are exempt from service tax under various notifications. The valuation of a service for calculating tax payable is based on the gross amount charged or the monetary value of consideration received. Various rules have been introduced to determine the scope of taxable services and calculate service tax payable for different services and situations.
The document discusses the applicability of service tax on banking services in India. It provides an overview of service tax regulations, defines key terms like "service", outlines the negative list of services exempt from tax, and discusses specific tax treatment of common banking services and transactions. Declared services are also defined, and examples of taxable and non-taxable services provided by banks are listed.
This document provides an overview of the scope of taxation of services under the new service tax regime in India. It discusses key aspects such as the definition of "service", exclusions and inclinations, charge of service tax, declared services, and bundled services. The presentation covers topics like the meaning of service, consideration, persons, activities that constitute a service, negative list of services, exemptions, and taxability of various services and transactions.
Seminar on Service Tax at Jaipur on 20.4.2013(Session ii)Agarwal sanjiv & Co
This document discusses the scope of taxation of services under the new service tax regime in India. It defines what constitutes a service according to law. It outlines the key aspects of a service such as the requirement for an activity to be carried out for consideration. It also describes the nine categories of declared services that are explicitly included in the scope of service tax. Finally, it provides examples of activities that may now be taxed under the new regime.
GST overview presentation ca vichar manch 12-05-2017 vinod jainAnu Insan
The document discusses the passage of the key GST bills in India and provides details on the implementation of GST. It notes that four acts were passed - the Central GST Act, Integrated GST Act, Union Territory GST Act, and the Compensation Act. It also outlines some of the draft GST rules issued and states that the government aims to roll out GST on July 1st, 2017. Further, it describes aspects of the new GST framework such as the types of taxes subsumed, registration requirements, taxation of supplies, input tax credit mechanics, and definitions under the CGST Act.
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
This workshop presentation provided an overview of service taxation in India, including key changes made in the 2014 Union Budget. It discussed the definition of "service" and concepts like activity, consideration, and person. It explained the comprehensive approach to service taxation adopted in 2012, covering all services besides those in the negative list or exempted. The presentation highlighted major service tax payers and collection trends over time. It also summarized the tax treatment of related areas like directors' services, partnership firms, and declared services.
The document discusses objectives of tax planning such as reduction of tax liability and making informed financial decisions. It also discusses factors to consider in tax planning such as residential status, heads of income, applicable tax laws, and substance over form. Capital gains from the sale of a plot of land are then computed. Dividend policy and factors affecting decisions are also summarized, including retaining earnings to finance growth versus paying dividends to maximize shareholder wealth.
This document provides an overview of the Goods and Services Tax (GST) in India. It discusses the problems with the current indirect tax structure, the key features of GST, and how GST aims to be a "game changer" by replacing multiple taxes with a single tax and reducing economic distortions. The document outlines the proposed GST model and rates, input tax credit provisions, registration requirements, and transition provisions. It also summarizes the statutory scheme for levying GST on intra-state and inter-state supplies.
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
This document summarizes major changes to India's service tax law as outlined in the Finance Act of 2014. Key points include expanding the scope of taxable services such as various forms of advertising and transportation. Exemptions were added for some education, healthcare, and agricultural services, while others like renting to educational institutions were removed. Higher interest rates on delayed tax payments and changes to point of taxation rules for reverse charge services were also outlined.
This document contains contact details for K.Vaitheeswaran, an advocate and tax consultant based in Chennai and Bangalore, India. It then provides information on India's reverse charge mechanism under service tax law, including various notifications specifying the percentage of tax to be paid by the service provider and receiver for different services. It discusses provisions, exemptions, and case laws related to the reverse charge mechanism for goods transport agency services, sponsorship services, arbitral tribunal services, legal services, support services, renting of motor vehicles, supply of manpower, service portion of works contracts, and other international and director services.
Service tax was introduced in India in 1994 and is a tax levied on the transaction of certain specified services. Initially only three services were taxable, but over time the scope has expanded significantly. Services now constitute over 60% of India's GDP. The rate of service tax has increased over time from 10% to the current 12% plus applicable cess. A key change in 2012 was the introduction of a "negative list" approach where all services are taxable unless specifically exempted, as opposed to the previous inclusive approach. Certain services are covered under "reverse charge" where the liability to pay the tax is on the service recipient rather than provider.
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
The document discusses the tax treatment of educational and coaching services under Indian service tax law, both prior to and after July 1, 2012.
Key points:
1) Prior to July 1, 2012, only specified commercial coaching and training services were taxable, while educational services were excluded.
2) After July 1, 2012, all services are taxable unless specifically exempted or included in the negative list. The negative list includes pre-school, school, and vocational education, as well as education leading to a recognized qualification.
3) Some auxiliary educational services and renting of property to educational institutions are also exempted until March 31, 2013, but services provided by educational institutions became taxable
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
This document summarizes the key aspects of the adjudication process for service tax demands in India. It discusses the triggers for issuance of a show cause notice, the contents and timing of show cause notices, the handling and adjudication of show cause notices, and the consequences after an adjudication order is issued. The presentation covers the demand determination process, principles of natural justice that must be followed, requirements for a valid adjudication order, and jurisdictional limits for different tax officers to adjudicate cases involving certain demand amounts.
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This presentation covers service tax procedures in India such as registration, payment, returns, invoices, records, and reverse charge. Key points include:
- Registration is required if taxable services exceed Rs. 9 lakhs and must be applied for online within 30 days.
- Service tax must be paid monthly or quarterly depending on the assessee, by the 6th/5th day of the following period.
- Returns must be filed half-yearly by the 25th of the month following the half-year.
- Invoices must be issued within 30 days and contain registration number, tax amount, and other details.
- Records like invoices and account books must be
Presentation on Service Tax at Ernakulam dated 28.07.2013 Agarwal sanjiv & Co
This document provides an overview of a presentation on service tax given on July 28th, 2013. The presentation covers the shift from India's previous selective approach to taxation of services to its current comprehensive negative list approach. Key points covered include definitions of service, consideration, and person. India's service sector has grown significantly as a percentage of GDP. Under the new negative list system, all services are taxable unless specifically excluded by the negative list or an exemption.
This document provides an overview of service tax provisions in India, including:
1. It discusses the shift in India's service tax approach from a selective positive list to a comprehensive negative list in 2012.
2. It outlines key aspects of the new service tax framework including the definition of taxable services, exemptions, place of provision rules, and the reverse charge mechanism.
3. It summarizes major changes introduced in the 2012-2013 budget and Finance Act related to service tax compliance requirements and penalties.
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- Services now taxed unless in the negative list or exempted
- Definition of service broadened and place of supply rules introduced
- Reverse charge and other compliance changes implemented
- Exemptions removed and penalties strengthened in the 2013 budget
- Voluntary compliance scheme introduced to boost tax collection
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1) It outlines the definition of "service" under the new tax regime and exclusions from this definition.
2) It discusses the previous legislative framework for export and import of services prior to 2012, including rules for determining whether a service is exported or imported.
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Seminar on Service Tax at Jaipur on 20.4.2013 (Session i)Agarwal sanjiv & Co
This document provides an overview and summary of recent changes to Service Tax law in India. It covers:
- An economic overview of the growing services sector in India and its contribution to GDP.
- A history of Service Tax in India, shifting from a selective to comprehensive approach in 2012.
- Major changes introduced in the 2012-2013 period, including defining 'service', introducing a negative list, new place of provision rules, and changes to exemptions.
- Additional changes introduced in the 2013 budget, including some additions to the negative list and removal of exemptions.
- New penal provisions introduced, including penalties for company officials and the power to arrest in certain cases of tax default.
The document discusses the scope of taxation of services under the new service tax regime in India. It covers the key aspects of what constitutes a "service" according to law, the types of services that are taxable and exempt. Some of the major points covered include the definition of service, declared taxable services, exclusions to service, negative list of non-taxable services, and taxability of services provided by employees, directors, partners and more.
This document provides an overview and summary of a presentation on understanding recent changes to India's service tax law. The presentation covers:
- An economic overview of India and the growing importance of the services sector.
- An explanation of the shift in India's service tax law from a selective positive list approach to a comprehensive negative list approach implemented in July 2012.
- A summary of the key changes introduced by the new negative list approach, including the definition of taxable services, rules for determining the place of provision, and new compliance requirements.
The document summarizes a presentation on recent developments in service tax law related to reimbursement of expenses and recovery of tax. It discusses that service tax can only be levied on the taxable service and not other expenses. It also summarizes judicial decisions that have struck down rules allowing service tax to be levied on reimbursed expenses. The document then discusses provisions related to recovery of tax and recent circulars and judicial decisions regarding the same.
This document summarizes a presentation on recent changes to India's service tax law. The presentation covers: an economic overview of India; the history and current state of taxation of services in India; upcoming GST reforms; major changes made in the 2012-2013 budget and 2013-2014 budget; new penal provisions; and a voluntary compliance scheme. The presentation discusses shifting from a selective to comprehensive approach of taxing services, definition of key terms, and implementation of the negative list approach.
3. This Presentation Covers –
• What is Negative List
• Sectors in Negative List
• Analysis of Negative list of Services
3
4. Services on which no Service Tax shall be payable comprise of :
• Service which are specifically excluded from the scope of
definition of service itself u/s 65(44).
• 17 broad services specified in the negative list of services
u/s 66D.
• Services which are exempt from levy of Service Tax under N.
No. 25/2012-ST dated 20.06.2012.
• Specified services otherwise exempt under specific
notifications.
• Activities where service provider and service receiver are in
non –taxable territory
5. What is negative list
• Defined in new section 66D
• Section 66D specifies seventeen 17 broad categories of services.
• Effective from 1-7-2012
• If an activity meets the characteristics of ‗ service ‗, it is taxable
unless specified in Negative List.
• Based on socio-economic–tax criterion
5
6. Socio – Economic Considerations in Negative list
• Administrative considerations: taxation of Government, difficult to tax
sectors e.g. margin-based financial services.
• Under contractual obligations: Specified international bodies and diplomatic
missions
• Welfare considerations: welfare of vulnerable sections of society, essential
education, public health; public transport, services by non-profit entities,
religious services, promotion of art, culture and sports.
• Economic considerations: transport of export goods, services meant for
agriculture, animal husbandry and infrastructure development.
• Explicit activities in the nature of services, which are within the taxing
powers of States: betting and lotteries, tolls.
6
7. Negative list of services is drawn from seven sectors, viz.
• services provided by specified person ie,
Government
• social welfare & public utilities
• financial sector
• transportation
• construction & real estate
• education
• health care
• others & miscellaneous
7
8. Services by Government or a local authority excluding the following
services to the extent they are not covered elsewhere:
• Services by the Department of Posts by way of speed post,
express parcel post, life insurance and agency services
provided to a person other than Government;
• Services in relation to an aircraft or a vessel, inside or outside
the precincts of a port or an airport;
• Transport of goods or passengers; or
• Support services provided to business entities
to be contd..
8
9. • Most of services provided by Central / State
Governments exempt from service tax.
• But following services are taxable -
Department of posts - speed post, express parcel, life
insurance and agency service to non government
business entity but basic mail, money orders,
operation of saving accounts ,pension payment etc
services are covered in negative list
In relation to vessel or aircraft service within/outside
port/airport
Transport of goods and/ or passengers
Support service to business entities
To be contd…..
10. • Services by government as sovereign functions (grant of
licensing rights or audit of government, passport etc.)
• Excludes corporations formed under Central Acts or
State Acts or various Government companies registered
under Companies Act, 1956 or autonomous institutions
set up by a Special Acts
• Government Department needs to be registered and to
pay tax on support services of
Renting of immovable properties
Speed post, express parcel, life insurance.
Transport of goods and/ or passengers
Services in relation to vessel or aircraft
• For other services, Government not liable to pay service
tax as tax paid by service recipient in reverses charge (N.
No. 30)
To be contd…..
11. “Support services" means
• infrastructural,
• operational,
• administrative,
• logistic,
• marketing or
• any other support of any kind comprising functions that
entities carry out in ordinary course of operations
themselves but may obtain as services by outsourcing from
others for any reason whatsoever
• shall include advertisement and promotion, construction or
works contract, renting of immovable property, security,
testing and analysis;
• Services provided by Government Security agencies are covered
under support service - under reverse charge, Service Receiver is
liable to tax.
12. • All services provided by RBI are in Negative List
• Service Provided to RBI is taxable unless
covered in negative list.
• Service provided by banks to RBI taxable unless
covered in Negative List or exempted services
13. • Services by diplomatic mission of any country located in
India
• Does not cover services provided by any office or
establishment of an International organization (Section 3
of United Nation Privileges & Immunities Act 1947)
• Example- UNESCO, UNICEF, IMF, IBRD etc.
• Notification No. 27/2012-ST dated 20.6.2012
conditionally exempts service provided by any person
for the official use of a provision of a foreign diplomatic mission or
consular post in India
for personal use or use of the family member of diplomatic agents
or career consular officers posted in India
14. services relating to agriculture by way of—
(i) agricultural operations directly related to production of any
agricultural produce including cultivation, harvesting, threshing, plant
protection or seed testing;
(ii) supply of farm labour;
(iii) processes carried out at an agricultural farm including tending,
pruning, cutting, harvesting, drying, cleaning, trimming, sun drying,
fumigating, curing, sorting, grading, cooling or bulk packaging and
such like operations which do not alter the essential characteristics of
agricultural produce but make it only marketable for the primary
market;
(iv)renting or leasing of agro machinery or vacant land with or without a
structure incidental to its use;
(v) loading, unloading, packing, storage or warehousing of agricultural
produce;
(vi)agricultural extension services;
(vii)services by any Agricultural Produce Marketing Committee or Board
or services provided by a commission agent for sale or purchase of
agricultural produce;
to be contd…
15. The Services relating to agriculture or agriculture
produce specified in negative list-
agricultural operations directly related to production of any
agricultural produce including cultivation, harvesting, threshing,
plant protection or seed testing;
supply of farm labour;
processes carried out at the agricultural farm including tending,
pruning, cutting, harvesting, drying cleaning, trimming, sun drying,
fumigating, curing, sorting, grading, cooling or bulk packaging and
such like operations which do not alter essential characteristics of
agricultural produce but makes it only marketable for the primary
market not for retail market; (e.g. cleaning of Wheat)
to be contd …….
16. • renting of agro machinery or vacant land with or without a
structure incidental to its use (e.g. green house, storage
shed.)
• loading, unloading, packing, storage and warehousing of
agricultural produce;
• agricultural extension services (application of scientific
research, farmer education & training)
• services provided by any Agricultural Produce Marketing
Committee or Board (APMC) for agriculture or
agricultural produce but does not include non -
agricultural activities (e.g. renting of shops or other
property or services provided by commission agent for
sale or purchase of agricultural produce)
to be contd …….
17. Agriculture -Section 65 B(3)
Cultivation of plants and rearing of all life-forms of
animals except the rearing of horses, for food, fiber, fuel,
raw material or other similar products
Agriculture Produce -Section 65B(5)
any produce of agriculture on which either no further
processing is done or such processing is done as is
usually done by a cultivator or producer which does not
alter its essential characteristics but makes it marketable
for primary market (E.g. Plantation crops like
rubber, tea or coffee but does not include potato chips or
tomato ketchup)
to be contd …….
18. • Trading of goods is not a taxable service, it being a sale
and not a service.
• If a transaction is a sale, it is not a service and vice versa
• Transfer of title in goods is crucial
• Activities of a commission agent / clearing and
forwarding agent who sells goods on behalf of another
for a commission are not trading of goods (Title of goods
does not pass)
• Forward contracts are in the nature of trading of goods.
• Future contracts are not trading of goods
to be contd …….
19. Goods - Section 65B(25)
―goods" means
• every kind of movable property
• other than actionable claim and
• money
• includes securities, growing crops, grass, and
things attached to or forming part of the land
which are agreed to be severed before sale or
under the contract of sale
20. process amounting to manufacture or production of goods" means a process
on which duties of excise are leviable under section 3 of the Central Excise
Act, 1944 or any process amounting to manufacture of alcoholic liquors for
human consumption, opium, Indian hemp and other narcotic drugs and
narcotics on which duties of excise are leviable under any State Act for the
time being in force.
Covers manufacturing activity carried out on contract or job work basis where
• Transfer of title of goods is not involved
• Duties of excise are leviable on such process
20
21. “excisable goods” means goods specified in the First
Schedule and the Second Schedule to the Central Excise Tariff
Act, 1985 as being subject to a duty of excise and includes salt
Mobility and marketability are essential conditions
Goods includes any article, material or substance which is
capable of being bought and sold for a consideration and such
goods shall be deemed to be marketable.
22. 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
(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
23. Selling of space or time slots for advertisements other than
advertisements broadcast by radio or television
This entry in negative list should qualify the following tests –
• involves selling of space (in case of print media)
• involves selling of time slots ( in case of electronic media)
• purpose of selling time slots / space to be for advertisements
(publicity / sales promotion, awareness etc.)
• excludes broadcast by radio or television ( i.e. broadcast will be
taxable)
to be contd …….
24. Taxable Non-taxable
Sale of space or time for Sale of space for advertisement in
advertisement to be broadcast on print media
radio or television
Sale of time slot by a broadcasting Sale of space for advertisement in bill
organization boards, public places (including
stadia), buildings, conveyances, cell
phones, automated teller machines,
internet
Aerial advertising
Presentation made in person
25. Not covered in Negative List Covered In Negative List
Printing & Publishing of yellow pages, Spaces allotted in buses and public
business directory and trade catalogues transport system public transport system
etc. to run display of advertisement
Advertisement services to Government Private circulation of magazines / journals
departments
Purchase of time slots from broadcaster Telephone directories
and sold to advertising agency
Preparing advertisement for display Clubs, associations, professional bodies
during a movie in theatre etc. member's list / directories
Services provided by advertisement Internal directories / business
agencies in relation to preparation of informations
advertisement
Commission received by advertisement
agencies from broadcasting or publishing
companies
26. “Advertisement" means
• any form of presentation for promotion of,
• or bringing awareness about,
• any event,
• idea,
• immovable property,
• person, service,
• goods or actionable claim through
• newspaper, television, radio or any other means
• but does not include any presentation made in person;
• Services provided by advertisement agencies relating to
preparation / designing etc of advertisements are taxable.
• Print media includes newspaper and books.
27. • Only covers toll charges for access to road and bridge
• Includes National highways or state highways
• Toll on other roads not in negative list
• Collection charges or service charges paid to any toll
collection agency are not covered under negative list
• Dose not include services used for providing such service
28. Betting or Gambling means
• putting on stake something of value,
• particularly money,
• with consciousness of risk and hope of gain on the outcome of a
game or a contest,
• whose result may be determined by chance or accident, or on the
likelihood of anything occurring or not occurring
• Betting is a form of wagering contract in which money or money‘s
worth is made payable by the parties on the result of an uncertain
event, usually a game or sport
• Gambling means playing game of chance for money or risky action
undertaken with the hope of success
• Lottery is a game of chance (e.g. lottery, bingo, lotto etc.) which may
include online games
to be contd …….
29. • Auxiliary services for organizing or promoting betting or
gambling events are not covered in negative list
• State subject covered in list II
• Actionable claim
• In Union of India & Others v. Martin Lottery Agencies Ltd
(2009) 14 STR 593 (Supreme Court), it was held that
service tax can not be levied on sale of lottery ticket
• In Martin Lottery Agencies Ltd. v. Union of India (2007) 8
STR 561 (Sikkim), it was held that petitioner was not
rendering services in relation to promotion of client‘s goods
and service tax liability did not arise
30. ‗Entertainment event‘ if it is intended (may not
necessarily provide) to provide any one or more of
the following to the recipients / viewers / audience
• recreation
• pastime
• fun , or
• enjoyment
to be contd …….
31. This could be by way of –
• exhibition of cinematographic film
• circus
• concerts
• sporting events
• pageants
• award functions
• dance performance
• musical performance
• theatrical performances – drama, ballets or any such
event / programme.
to be contd …….
32. “Amusement facility" means
• a facility where fun
• recreation is provided by means of rides
• gaming devices
• bowling alleys in amusement parks
• amusement arcades
• water parks
• theme parks
• such other places
• but does not include a place within such facility where
other services are provided
to be contd …….
33. • Amusement means entertainment, diversion, pastime,
sport etc.
• Theatrical performances need not be performed in
theatre
• Standalone amusement ride in a mall – fun or recreation
by means of ride – covered under amusement –
excluded
• Membership of club which provides amusement facilities
- excluded
• Event manager for organizing an entertainment event or
entertainment is not covered in this category
34. • Provided by Electricity Transmission or
Distribution utility
• Covers both –
• Transmission
• Distribution
• Installation of gensets or similar equipment by
private contractor for distribution - taxable
• Charges collected by developer or a housing
society for distribution of electricity within a
residential complex - taxable but excluded if it
acts as a licensed authority
35. • Service by way of -
i. Pre-school education and education up to higher
secondary school or equivalent
ii. Education as a part of a prescribed curriculum for
obtaining a qualification recognized by law
iii. Education as a part of an approved vocational
education course
• Conduct of degree courses by colleges,
universities or institutions which lead to grant
of qualifications recognized by law
to be contd …….
36. Approved vocational education course
• a course run by an industrial training institute or an industrial training
centre affiliated to the National Council for Vocational Training, offering
courses in designated trades as notified under the Apprentices Act, 1961
• a Modular Employable Skill Course, approved by the National Council of
Vocational Training, run by a person registered with the Directorate
General of Employment and Training, Ministry of Labour and
Employment, Government of India
• a course run by an institute affiliated to the National Skill Development
Corporation set up by the Government of India
to be contd …….
37. • Education upto higher secondary school or equivalent
are in negative list.
• Services provided to or by an educational institution for
Auxiliary educational services and renting of immovable
property – exempted under mega notification
Negative list will not include –
• Private tuitions
• Education as a part of prescribed curriculum for
obtaining qualification recognized by law of a foreign
county
• Services provided to educational institutions
• Placement services
to be contd …….
38. Education related services not in negative list but exempt
from tax under Notification No. 25/2012-ST dated
20.06.2012
• Transportation of students to / from institutions
• Provision of mid-day meal in schools
• Admission related services to educational institutes
where education services are exempt.
• Coaching / training in recreational activities of arts,
culture or sports.
39. Renting coves all types of arrangements in relation to
immovable property with or without its transfer of possession or
control and whether wholly or partly. It would cover / include –
• allowing
• permitting
• granting access / entry / occupation
• use of facility
• letting
• leasing
• licensing, or
• other similar arrangements
(such as right to use, sub-lease, space sharing etc.)
to be contd …….
40. Renting of certain kinds of property already covered in
the negative list
• renting of vacant land, with or without a structure
incidental to its use, relating to agriculture.
• renting of residential dwelling for use as residence
• renting out of any property by Reserve Bank of India
• renting out of any property by a Government or a local
authority to non-business entity
to be contd …….
41. • Residential dwelling not defined but includes residential
accommodation
• Does not include hotel, motel, inn, guest house, camp site,
lodge, house boat or other place meant temporary stay
• Residential dwelling used partly as a residence and partly
for non residential purpose- treated as bundled service
• Residential unit – independent residential unit with specific
facilities for living, cooking and sanitation
to be contd …….
42. Services by way of—
(i) extending deposits, loans or advances in so far as the
consideration is represented by
way of interest or discount;
(ii) inter se sale or purchase of foreign currency amongst
banks or authorised dealers of foreign exchange or
amongst banks and such dealers;
to be contd …….
43. • Transactions in money outside the ambit of ‗service‘
• Any activity related to a transaction in money by way of
its use or conversion by cash or by any other mode, from
one form , currency or denomination to another form,
currency or denomination would not be treated as a
transaction in money if a separate consideration is
charged for such an activity
• Service tax levied on service charges for transactions in
money including of charges for making of drafts, letter of
credits issuance charges, service charges relating to
issuance of CDs/ CPs etc
• Interest rate swaps and foreign exchange swaps are
excluded being securities and hence excluded
to be contd …….
44. • Only interest and discount are in negative list
• Interest on
• Money borrowed
• Debt incurred
• Deposit
• Claim / obligation/ similar right
• Service charge / fee/ commission not covered (e.g. pre
payment fee, late fee, cheque bounce charges)
• interest on credit facility not utilized (commitment charges
) not covered
• Bill discounting – only discount covered
to be contd …….
45. • Any charges over and above interest/ discount taxable
• Purchase/ sale of foreign currency between banks and
authorized dealers under negative list
• Examples of services in negative list-
• Fixed deposits or saving deposits or any other such deposits in a
bank for which return is received by way of interest
• Providing a loan or over draft facility for in consideration for
payment of interest
• Mortgages or loans with a collateral security to the extent that the
consideration for advancing such loans or advances are
represented by way of interest
• Corporate deposits to the extent that the consideration for
advancing such loans or advances are represented by way of
interest or discount
46. Services by-
• a stage carriage;
• railways in a class other than
(i) first class; or
(ii) an AC coach; ( now exempt under Notification No 43/2012)
• metro, monorail or tramway;
• inland waterways;
• public transport, other than predominantly for tourism
purpose, in a vessel, between places located in India;
and
• metered cabs, radio taxis or auto rickshaws.
to be contd …….
47. • ‗Stage Carriage‘ is defined in section 2(40) of Motor
Vehicles Act, 1988. It means a motor vehicle constructed
or adapted to carry more than six passengers excluding
the driver for hire or reward at separate fares paid by or
for individual passengers, for the whole journey or for
stages of the journey
• National waterways covered in inland waterways
• Metered cab - any contract carriage on which an
automatic device, of the type and make approved by the
State Transport Authority, is fitted which indicates reading
of the fare chargeable at any moment and that is charged
accordingly under the conditions of its permit issued
under the Motor Vehicles Act, 1988
to be contd …….
48. Covered under negative list Not Covered under negative list
Motor vehicles on hire to state Motor vehicles to state transport
transport undertaking (more taken undertaking
12 passengers)
Exemption to Transport of No exemption for Tourism,
passengers by a contract carriage conducted tours, chartered or hire
49. services provided in relation to transportation of
goods specified in the negative list
• by road except the services of
(i) a goods transportation agency or
(ii) a courier agency
• by aircraft or vessel from a place outside India up to
the customs station of clearance in India; or
• by inland waterways (agents covered)
to be contd …….
50. • Services provided by GTA taxable except under
separate exemption available for
• fruits, vegetables, eggs, milk, food grains or pulses in a goods
carriage;
• goods where gross amount charged on a consignment
transported in a single goods carriage does not exceed one
thousand five hundred rupees; or
• goods where gross amount charged for transportation of all
such goods for a single consignee in the goods carriage does
not exceed rupees seven hundred fifty.
• Courier services – Express cargo service, angadia – taxable
to be contd …….
51. Nature of service relating to Whether covered in the negative
transportation of Goods list entry
By railways No
By air within the country or abroad No
By a vessel in the coastal waters No
By a vessel on a national waterway Yes
Services provided by a GTA No