New Service Tax Law w.e.f. 01-07-2012
The Key Features of New System of Taxation are:
- At the outset ‘service’ has been defined in clause (44) of section 65B of the Finance Act 2012.
- Section 66B specifies the charge of service tax which is essentially that service tax shall be levied on all services provided or agreed to be provided in a taxable territory, other than services specified in the negative list.
- The negative list of services is contained in section 66D of the Act.
- Since provision of service in the taxable territory is an important ingredient of taxability, section 66C empowers the Central Government to make rules for determination of place of provision of service. Under these provisions the Place of Provision of Services Rules, 2012 have been made.
- To remove some ambiguities certain activities have been specifically defined by description as services and are referred as Declared Services (listed in section 66E)
- In addition to the services specified in the negative list, certain exemptions have been given. Most of the exemption has been consolidated in a single mega exemption for ease of reference.
- Principles have been laid down in section 66F of the Act for interpretations wherever services have to be treated differently for any reason and also for determining the taxability of bundled services.
- The System of valuation of services for levy of service tax and of availment and utilization of Cenvat Credits essentially remains the same with only incidental changes required for the new system of taxation.
WHAT IS SERVICE?
‘Service’ has been defined in clause (44) of the new section
65B and means –
Ø
Any activity
Ø
For consideration
Ø
Carried out by a person for another
Ø
And includes a declared service.
‘Service’ does not include-
Ø
Any activity that constitutes only a transfer in
title of (i) goods or (ii) immovable properly by way of sale, gift or in any
other manner (iii) a transfer, delivery or supply of goods which is deemed to
be a sale of goods within the meaning of clause (29A) of Article 366 of the Constitution.
Ø
A transaction only in (i) money or (ii)
actionable claim
Ø
A service provided by an employee to an employer
in the course of the employment.
Ø
A service provided by an employee to an employer
in the course of the employment.
Ø
Fees payable to a court or a tribunal set up
under a law for the time being in force.
Check List to determine whether you are
providing a “Service”
S. No.
|
Question
|
Answer
|
1.
|
Am I doing an activity
(including, but not limited to, an activity specified in section 65E of the
Act) for another person?
|
YES
|
2.
|
Am I doing such
activity for a consideration?
|
YES
|
3.
|
Does this activity
consist only of transfer of title in goods or immovable property by way of
sale, gift or in any other manner?
|
NO
|
4.
|
Does this activity
constitute only transfer, delivery or supply of goods which is deemed to be a
sale of goods within the meaning of clause (29A) of Article 366 of the
Constitution?
|
NO
|
5.
|
Does this activity
consist only of a transaction in money or actionable claim?
|
NO
|
6.
|
Is the consideration
for the activity in the nature of a service provided by an employee of such
person in the course of employment?
|
NO
|
7.
|
Is such an activity in
the nature of a service provided by an employee of such person in the course
of employment?
|
NO
|
8.
|
Is the activity
covered in any of the categories specified in Explanation 1 or Explanation 2
to clause (44) of section 65B of the Act.
|
NO
|
NOTE: If the answer
to above questions is as per the answers indicated in ‘Answer’ column of the
table above then YOU ARE PROVIDING A
SERVICE.
Check List to determine whether service
provided by you is “Taxable Service”:
S. No.
|
Question
|
Answer
|
1.
|
Have I provided or
have I agreed to provide the service?
|
YES
|
2.
|
Have I provided or
agreed to provide the service in the taxable territory?
|
YES
|
3.
|
Is this activity
entirely covered in any of the services described in the negative list of
services specified in section 66D of the Act?
|
NO
|
NOTE: If the answer
to above questions is as per the answers indicated in ‘Answer’ column of the
table above then YOU ARE PROVIDING A TAXABLE
SERVICE.
source : Taxman's Service Tax Book