LEVY OF SERVICE TAX ON SERVICES PROVIDED BY INDIAN ...

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S.T. for Indian Railway
Levy of Service Tax on Services Provided by Indian RailwaysPresentationbySushilSolankiPrincipal Commissioner, Ahmedabad
Service Tax- Negative Listw.e.f. 01.07.2012
Comprehensive approach.First time “Service” definedIntroduced “Negative List”“Declared” Services.“Mega exemption” List“Reverse Charge Mechanism” expanded.
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S.T. for Indian Railway
Definition of “Service”{Section 65B (44)}
Service defined as:Any “Activity”Carried out by a person for anotherFor consideration (quid pro quo important)And includes ‘Declared’ services but excludes “Negative List” services.Service Tax would be applicable on any activity done for a consideration other than the specific exclusions
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S.T. for Indian Railway
Negative List(Section 66D)
Services provided by Government not liable to Service Taxexcept:Transport of goods or passengers.Any service provided to Business Entity (on reverse charge basis) (Prior to July 2015- it was only “Support Services”)Selling of Space for Advertisements in Print Media. (Clause ‘g’) (01.10.2014) (Sale of Space for Advertisement is taxable now)
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S.T. for Indian Railway
Declared Services(Section 66E)
Why- To avoid litigation. Mainly cover ‘Deemed Sale’ as per Constitution.Renting of Immovable Property.Construction activity.Transfer of goods by hiring, leasing etc without transfer of right to use such goods.To agree to refrain from doing an act or to tolerate an act or a situation (Non-Compete fee, Notice pay deducted by company)Service portion in Works Contract.Service portion in supply of food - Restaurant/Outdoor Catering.
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S.T. for Indian Railway
Renting{65B(41)}
“Renting” means allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property and includes letting, leasing, licensing or other similar arrangements in respect of immovable property.
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S.T. for Indian Railway
Renting… (2)
Leasing of land.Right of way for laying Telecom cable or F C, Electrical cable.Right of way/way leave.Vehicle parking.ATM Rental.Other service like License fee for contract.Catering.Space for Advertisement.
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S.T. for Indian Railway
Exemption
Services of construction of office building/residential property provided to Government was exempted till 01.04.2015. Now, construction company need to pay Service Tax.(Sr.No.12)But, services of construction, installation of Railways or Monorail or Metro is exempted. (Sr.No.14)Hotel/Guest House where declared tariff is less than Rs.1000 per day is exempted.Transportation of goods by rail for specific goods like Agriculture Produce,DefenceEquipments, Relief Materials, Milk, Salt, Fertilizer, Cotton. (Sr.No.20)
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S.T. for Indian Railway
Reverse Charge Liability
Rationale: Administrative reason and Anti -Evasion measure.Insurance Agent, Recovery Agent, Mutual Fund Agent, GTA.Work Contract, Renting of Vehicle, Manpower Supply, Security Services provided by small entities to Body Corporate in partial reverse charge for use in business. Not applicable to Railway as they are not Body Corporate.Services by Government to Business Entity except in case of Renting and Transport of goods or passengers.Service received by Railways from person located outside India for business purpose (Sr.No.34)
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S.T. for Indian Railway
Goods transported by Railway exempted from Service Tax (Sr.No.20)
Agriculture Produce like Cotton and other Textiles, Fodder and Husk, Food Grains, Flours and Pulses, Fruits and Vegetables, Groceries, Jute, Oil Cakes and Seeds, Spices, Sugarcane &Baggasse, Milk, Salt, Rice.Chemical Fertilizers, Organic Manures.Defenceor Military Equipment. (Exemption withdrawn on some items in 2013 & 2015)
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S.T. for Indian Railway
Levy of Service Tax on Transportation of Passengers
Passengers travelling on 1stClass and AC coaches.70% Abatement allowed as in freight, with no CENVAT credit.Concessional Tickets and PTOs- Service Tax on 30% of total fare actually being paid by the passengers.In case of refund of Tickets, Service Tax refund is being permitted.
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S.T. for Indian Railway
Few indicative auxiliary services on which Service Tax isleviable
Wagon Registration fee (WRF)/Over-loading penalty charges.Siding Trip Charges/Shunting Charges.Parcel Leasing (of SLR/VP/AGE).Service Charge received from IRCTC for booking e-tkt/i-tkt/mobile booking.Maintenance of sidings.Haulage Charges of private/PSU operators (IRCTC/CONCOR)/Empty Haulage charges.Demurrage/Wharf age.
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S.T. for Indian Railway
Few indicative auxiliary services on which Service Tax isleviable
Terminal Charges/Private Freight Terminal ChargesPassenger Halt Contract Charges/Out Agency/CBA/Luggage Charges.License fee from Private Entities/Mobile Contractors.License fee from catering contractors.Land Rent/way leave facilities.Leasing of commercial Land.Tower leasing charges.
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S.T. for Indian Railway