SlideShare uma empresa Scribd logo
1 de 63
Organized by
Rajasthan Event Management Association Dr. Sanjiv Agarwal
5th July, 2013 FCA, FCS
© Dr. Sanjiv Agarwal
Service Tax and Related Compliances
This presentation covers -
• Overview of Service Tax – Past and Present
• Specific provisions / exemptions relating to event
management / sponsorship services
• Place of Provision of Services Rules, 2012
• Reverse Charge Mechanism
• Cenvat credit
3
Indian Economy – An Overview
 Indian economy is the 11th largest economy in the world
and the third fastest growing even in today‘s recession,
after China and Indonesia (Present growth rate around
5.5%)
 World is presently facing recession-II but Indian
economy is still a growth economy
 Inflation –food, lifestyle
 Agriculture, services and industry are the major sectors
of Indian economy. Contribution of different sectors in
March, 2012 was :
 Agriculture 19%
 Services 59%
 Industry 22%
(likely to be @ 64% in March, 2013)
Indian Economy – An Overview
 Indian GDP to grow about 5 percent in 2012-13 and growth
expected at 6.1-6.7 percent in 2013-14
 Tax Policy – clarity in tax Laws, stable tax regime, non-adversarial
tax administration, fair mechanism for dispute resolution,
independent judiciary
 Need to raise tax – GDP ratio which is presently around 6-7
percent.
 Service Tax contributes 11.50 percent of the gross tax revenue
 Service sector growth @ 9%, much higher than the GDP growth
itself.
 Contribution of services sector in GDP at 64% including
construction sector.
 No change in Service Tax rates.
 No change in peak rates of customs and excise duties also.
5
Economy / Taxation – A Status
Growth of Service Tax
Year No of new
services
Total No of
services
Total collection
(Rs. in crore)
1994 3 3 407
2001 - 26 2612
2005 13 72 14199
2008 7 103 51301
2010 3 112 58000
2012 0 120 97509
2013 - All 132697 (RE)
131884 (A)
2014 - All 180141 (BE)
 Introduced in India in 1994 as a simple, modest tax with just three
services.
 Service tax – an indirect tax.
 Approach to Service Tax – Selective as against comprehensive
one.
 Desirable from revenue, equity and economic view point.
 Governed by Finance Act, 1994 and a dozen of rules.
 Legislative dependence on over 25 other laws.
 Scattered and heterogeneous large mass of service providers as
well as wide spectrum of services.
 Jurisdictional application.
7
Service Tax in India (The Past)
Shift to Comprehensive Approach
 W.e.f. 1st July, 2012
 Finance Act, 2012 – A land mark Act to shift from selective
positive approach to negative approach.
 It took 18 years to shift from selective approach (positive) to
comprehensive approach (negative ) to tax services
 All services to be taxed other than services specified in
the negative list and exempted services – Section 66B.
8
Service Tax – The Present
9
All Services
(including declared Services
(-)
Specific Exclusions
(-)
Negative List Services
Exemptions
Taxable Services
(-)
Present Taxation of Services
(=)
New Provisions in Service Tax under
Negative List
 Section 66 B deals with charge of service tax
on or after Finance Act, 2012
 Section 66 C provides for determination of
place of provision of service.
 Section 66 D comprises of negative list of
services
 Section 66 E comprises of the services which
constitute declared services
 Section 66 F provide principles of interpretation
of specified description of services
or bundled services
10
 Effective rate of Service Tax @ 12.36 percent w.e.f. 01.04.2012
including education cess.
 Definition of ‘service’ finds place in statutory provisions
 Place of provision of service rules determine the location of
service and become be basis of taxation.
 Concept of taxable territory and non- taxable territory
introduced
 Classification of service criteria replaced by new section 66F on
interpretation principles of specified description of services or
bundled services.
 Under new reverse charge mechanism, onus of paying Service
Tax will be shared by service provider and service receiver in case
of specified services.
11
MAJOR CHANGES IN SERVICE TAX FOR
2012-13 AT A GLANCE
Quarterly Service Tax Returns
April to June, 2012
 N. No. 47/2012-ST dated 28.09.2012 – for April to June 2012,
quarterly return prescribed.
 Order No. 3/2012 - last date of return was extended upto 25.11.2012
July to September, 2012
N. No. 1/2013-ST, dated 22.02.2013
Circular No. 137 dated 22.02.2013 / Order No. 1
 Last date 25th March, 2013; extended to 15th April, 2013; further
extended upto 30th April 2013 vide Order No. 2/2013-ST, dated
12.4.2013
October 2012 to March, 2013
Vide Order No. 3/2013 dated 23.04.2013 , last date extended upto 31st
August , 2013
12
MAJOR CHANGES IN SERVICE TAX IN
2012-13 AT A GLANCE
Changes in Budget / Finance Act, 2013
 Stability in negative list maintained with only a few changes.
 Penalty u/s 77(a) (in case of non-registration) shall be
restricted to a maximum of Rs. 10,000.
 New provisions for revised punishments for offences u/s 89,
makes certain offences cognizable and others non cognizable
and bailable.
 New Section 78A inserted to impose penalty on directors and
officials of company for specified willful actions / offences.
 Power to arrest provided u/s 91 where Service Tax
contravention / default is more than Rs. 50 lakhs.
13
Recent Amends in Service Tax
‗Service' has been defined in clause (44) of the section 65B
and means –
 any activity
 For a consideration
 carried out by a person for another
 and includes a declared service (66E)
14
What is Service
15
The New Taxability Concept
Taxable
3.
Exemptions
(39)
1. Non -
Taxable
territory
(POPS)
2.
Negative
list (17)
SERVICE FOR A CONSIDERATION
E - MAGIC TEST
E: Employee
M: Money
A: Actionable claim
G: Goods
I: Immovable property
C: Court Fee
9DECLAREDSERVICES
 Activity must be for a consideration (nexus / reciprocity)
 Activity – includes both activity as well as non-activity
 Consideration – includes both monetary and non
monetary consideration.
 Two persons are involved –
Service provider
Service receiver
 Only services provided by one person to another are
taxable
 Person – natural as well as artificial
16
What is Service
Activity
 Not defined in the Act
 In common understanding, activity includes –
 An act done
 A work done
 A deed done
 An operation carried out
 Execution of an act
 Provision of a facility etc.
 Activity could be active or passive and forbearance to act
 Agreeing to an obligation to refrain from an act or to tolerate
an act or a situation - listed as a declared service u/s 66E
17
What is Service
Consideration
 Means everything received or recoverable in return for a
provision of service which includes -
○ Monetary payment
○ Non-monetary payment
○ Deferred consideration
 Under Indian Contract Act, 1872, consideration means -
―When, at the desire of the promisor, the promisee or any other
person has done or abstained from doing, or does or abstains from
doing, or promises to do or to abstain from doing, something, such
act or abstinence or promise is called a consideration for the
promise‖
18
What is Service
Activity for a Consideration
 Activity should be carried out by a person for a
consideration
 Activity without consideration like-
○ Donation
○ Gifts
○ Free charities
outside the ambit of service
 Charity for consideration would be service and
taxable unless otherwise exempted
19
What is Service
'Service' does not include -
 any activity that constitutes only a transfer in title of goods or
immovable property by way of sale, gift or in any other manner.
 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
 a transaction only in money or actionable claim
 a service provided by an employee to an employer in the course of the
employment.
 fees payable to a court or a tribunal set up under a law for the time being
in force
20
What is Service : Exclusions
This scope shall not apply to –
a) functions performed by M.P., M.L.A., Members of
Panchayats / Municipalities who receive any consideration
in performing the functions of that office as such member;
or
b) duties performed by any person who holds any post in
pursuance of the provisions of the Constitution in that
capacity; or
c) duties performed by any person as a Chairperson or a
Member or a Director in a body established by the Central
Government or State Government or local authority and
who is not deemed as an employee before the
commencement of this section.
21
What is Service
22
What is Service
For the purpose of scope of service -
(a) an unincorporated association or a AOP and a member thereof shall be
treated as distinct persons;
(b) an establishment of a person in the taxable territory and any of his
other establishment in a non-taxable territory shall be treated as
establishments of distinct persons.
(c) A person carrying on a business through a branch or agency or
representational office in any territory shall be treated as having an
establishment in that territory
Sponsorship Service
Not defined in new Law
Sponsorship in old regime [Section 65(99a)] -
Sponsorship includes naming an event after the sponsor, displaying the
sponsor's company logo or trading name, giving the sponsor exclusive or
priority booking rights, sponsoring prizes or trophies for competition; but
does not include any financial or other support in the form of donations or
gifts, given by the donors subject to the condition that the service provider is
under no obligation to provide anything in return to such donors.
The following services shall be included in sponsorship —
 naming an event after the name of sponsor
 displaying the sponsor's company logo on trade name
 giving the sponsor exclusive or priority booking rights
 sponsoring prizes or trophies for competition
 other support with obligation to provide anything in return.
Sponsorship will exclude financial support without any obligation, gifts or
donations, sponsorship of sport events given by donors subject to
conditions that the service provider is under no obligation to provide
anything in return to such donors.
Event Management Service
Not defined in new Law
Event management in old regime [Section 65(40)] —
"event management" means any service provided in relation to planning
promotion, organising or presentation of any arts, entertainment, business,
sports, marriage or any other event and includes any consultation
provided in this regard.
The event management services would cover certain specific services in
relation to -
 consultation
 planning
 promotion
 organizing, or
 presentation, of any of the following —
○ arts
○ entertainment
○ Business
○ sports
○ Marriage
○ any other event
Event Manager
Not defined in new Law
Event Manager in old regime [Section 65(41)]
Event manager means any person who is engaged in
providing any service in relation to event management in
any manner.
Following two features are clear from this definition -
 event manager can be any person i.e., natural or legal.
 He must be engaged in providing services in any manner
in relation to management of any event.
Agreeing to an obligation to refrain from an Act / to tolerate Act or situation /
to do an Act [section 66E(e)]
Following activities if carried out by a person for another for
consideration would be treated as provision of service -
 Agreeing to an obligation to refrain from an act.
 Agreeing to an obligation to tolerate an act or a situation.
 Agreeing to an obligation to do an act.
26
Declared Services
Obligations / Actions
Examples of Taxable Obligations / Actions
 Non-compete fees for agreeing not to compete
 compensation on termination of business agreements
 advance forfeited for cancellation of agreement to provide a
service.
 forfeiture of security deposit for damages done by service
receiver in course of receiving of services.
 cancellation charges being charged by airlines, hotels etc.
 consideration for non-appearance in a court of law or
withdrawal of suit.
 demurrage charges or detention charges
27
Declared Services
Event related Services covered in Negative List
Admission to entertainment events and access to amusement
facilities
Section 65B(24)
‗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 …….
Event related Services covered in Negative
List
Admission to entertainment events and access to
amusement facilities
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 …….
Event related Services covered in Negative
List
Admission to entertainment events and access to
amusement facilities
“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 …….
Event related Services covered in Negative
List
Admission to entertainment events and access to
amusement facilities
• 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
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)
contd …….
32
Event related Services covered in Negative
List
Event related Services covered in
Negative List
Taxable Non-taxable
Sale of space or time for
advertisement to be broadcast on
radio or television
Sale of space for advertisement in
print media
Sale of time slot by a broadcasting
organization
Sale of space for advertisement in bill
boards, public places (including
stadia), buildings, conveyances, cell
phones, automated teller machines,
internet
Aerial advertising
Presentation made in person
33
Event related Services covered in
Negative List
Not covered in Negative List Covered In Negative List
Printing & Publishing of yellow pages,
business directory and trade catalogues
etc.
Spaces allotted in buses and public
transport system public transport system
to run display of advertisement
Advertisement services to Government
departments
Private circulation of magazines / journals
Purchase of time slots from broadcaster
and sold to advertising agency
Telephone directories
Preparing advertisement for display
during a movie in theatre
Clubs, associations, professional bodies
etc. member's list / directories
Services provided by advertisement
agencies in relation to preparation of
advertisement
Internal directories / business information
Commission received by advertisement
agencies from broadcasting or publishing
companies
34
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.
35
Event related Services covered in
Negative List
Event related Services covered under
Exemption
Services by way of sponsorship of sporting events
organized- (Entry No. 11)
a) by a national sports federation, or its affiliated federations, where
the participating teams or individuals represent any district, state
or zone;
b) by Association of Indian Universities, Inter-University Sports
Board, School Games Federation of India, All India Sports
Council for the Deaf, Paralympic Committee of India or Special
Olympics Bharat;
c) by Central Civil Services Cultural and Sports Board;
d) as part of national games, by Indian Olympic Association; or
e) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA)
Scheme
Event related Services covered under
Exemption
Services by way of sponsorship of sporting events
• Events, i.e., tournaments or championships organized
only by specified bodies in relation to games, sport,
cultural events etc – Exempted
• Any sponsorship of event organized by any other body
like BCCI arranging IPL cricket tournament –Not
Exempted
• Vide N. No. 30/2012-ST dated 20.6.2012, entire service
tax is payable by the body corporate or partnership firm
receiving the service in India under reverse charge
method
Event related Services covered under
Exemption
Services by a performing artist in folk or classical art forms of (i) music,
or (ii) dance, or (iii) theatre, excluding services provided by such
artist as a brand ambassador; (Entry No. 16)
• The service provided by any person being a performing artist in the
form of -
• folk, or
• classical
in relation to -
• music,
• dance, or
• theatre
are exempt
• if such an artist provides services as a brand ambassador for any
product, service, event or company etc for a consideration - Taxable
Event related Services covered under
Exemption
Services by an organizer to any person in respect of a
business exhibition held outside India (Entry No. 31)
 Organizer should be in India
 Exhibition should be held outside India
 It should be in relation to business
39
Taxation of Cross Border Services
How to Determine Taxability –
i) Which rule applies to the service provided specifically? In case more
than one rules apply equally, which of these come later in the order
given in the rules?
ii) What is the place of provision of the service in terms of the above
rule?
iii) Is the place of provision in taxable territory? If yes, tax will be payable.
If not, tax will not be payable.
iv) Is the provider 'located' in the taxable territory? If yes, he will pay the
tax.
v) If not, is the service receiver located in taxable territory? If yes, he
may be liable to pay tax on reverse charge basis.
vi) Is the service receiver an individual or government receiving services
for a non-business purpose, or a charity receiving services for a
charitable activity? If yes, the same is exempted.
vii) If not, he is liable to pay tax.
40
Taxation of Cross Border Services
Rule 3- Default Rule
 The main rule or default rule provides that a service shall
be deemed to be provided , where the receiver is located
 In case, when location of the service receiver is not
ascertainable, location of the service provider is the place
of provision of service
 This rule is applied when none of the other later rules
apply
41
Rule 3- Default Rule
42
‘A’
Service Provider
‘X’
Service Provider
‘B’
Service Receiver
‘Y’
Service Receiver
Taxable Territory Non- Taxable Territory
Taxablefor
A
Taxable for B
Not Taxable
Taxation of Cross Border Services
Rule 6- Service relating to Events
 Place of provision is the place where event is actually held
 Covers admission to events, organizing events and ancillary services relating to events
 Includes cultural, artistic, sporting, scientific, educational, entertainment event, or a
celebration or any other similar event
Examples
 Conventions
 Conferences
 Exhibitions
 Fairs , Seminars
 Workshops
 Weddings
 Sports
 Cultural Events etc. Contd……
43
Taxation of Cross Border Services
Rule 6- Service relating to Events
 A management school located in UK intends to organize a road show in
Mumbai and New Delhi for prospective students. Any service provided by
an event manager, or the right to entry like participation fee for prospective
student will be taxable in India.
 An Indian fashion design firm hosts a show at USA. The firm receives the
services of a Canadian event organizer. The place of provision of this
service is the location of the event, which is outside the taxable territory.
Any service provided in relation to this event, including entry fee will not be
taxable.
 Provision of sound engineering for an artistic event is a pre-requisite for
staging of that event and should be regarded as a service ancillary to its
organization. A service of hiring a specific equipment to enjoy the event at
the venue, is ancillary to admission. 44
Taxation of Cross Border Services
Rule 14- Order of application of Rules
 Where more than one rule applies, rule that
occurs later is relevant rule
45
Under Partial Reverse Charge (Proportional)
 Renting of motor vehicles
 Manpower supply & security services
 Works contracts
Under Full Reverse Charge (100%)
 Insurance related services by agents
 goods transportation by road
 sponsorship
 arbitral tribunals
 legal services
 company director's services
 services provided by Government / local authority excluding
specified services
 services provided by persons located in non-taxable territory to
persons located in taxable territory.
46
Liability to pay tax under Reverse Charge
by Service Receiver
 Governed by Notification No. 30/2012-ST dated
20.06.2012 w.e.f. 1.7.2012
 Liabilities of both the service provider and service receiver
are independent of each other
 Reverse charge will not apply where the service receiver
is located in non-taxable territory
 For three specified services provided by business entities
being company, society, cooperative society, trust etc,
reverse charge will not apply.
 Reverse charge will also not apply where the service
recipient is any person or business entity not being a body
corporate in case of three specified services
 Small scale benefit is available only to service provider
(not to service receiver), if entitled
47
Important Points in Reverse Charge
Mechanism
 Service receiver under reverse charge cannot avail
exemption of Rs. 10 lakh under Notification No. 33/2012-
ST dated 20.06.2012
 Valuation of services by services provider and service
receiver can be on different principles, if permitted by law
(e.g. works contract - Refer Notification No. 30/2012-ST,
explanation II)
 Liability to pay Service Tax for ongoing contracts will be as
per Point of Taxation Rules, 2011
 Reverse charge shall not be applicable if provider of
service was liable before 1.7.2012
 Service Tax will not be payable by service receiver under
reverse charge, if service was provided prior to 1.7.2012,
even if payment is made after 30.06.2012
48
Important Points in Reverse Charge
Mechanism
Service Provider Service Receiver
Individual Advocate / Firm / LLP **Business entity with turnover > Rs 10
lakhs in preceding financial year
Arbitral Tribunal **Business entity with turnover > Rs 10
lakh in previous financial year
** Business entity may be an individual also
49
Reverse Charge for Legal
Services
Reverse Charge Mechanism under
various services
S. No. Description of Service Service provider Service receiver
1. Services provided by an insurance
agent to any person carrying on
insurance business
Nil 100%
2. Services provided by a goods
transport agency in respect
of transportation of goods by road
Nil 100%
3. Services provided by way of
sponsorship
Nil 100%
50
Reverse Charge Mechanism
under various services
S. No. Description of Service Service provider Service receiver
4. Services provided by an arbitral tribunal Nil 100%
5. Services provided by individual advocate or
a firm of advocates by way of legal services
Nil 100%
5A. in respect of services provided or agreed
to be provided by a director of a company
to the said company ( w.e.f 7.08.2012)
Nil 100%
6. Services provided by Government or local
authority by way of support services
excluding,-
(1) renting of immovable property,
(2) postal services
(3) transport of goods / passengers
(4) air craft or vessel
Nil 100%
51
Reverse Charge Mechanism under
various services
S. No. Description of Service Service provider Service receiver
7. Hiring of Motor Vehicle
(a) renting of a motor vehicle
designed to carry passengers on
abated value to any person not
engaged in the similar line of
business
(b) renting of a motor vehicle
designed to carry passengers on non
abated value to any person who is
not engaged in the similar line of
business
Nil
60%
100 %
40%
8. Services provided by way of supply
of manpower for any purpose or
security services ( w.e.f 07.08.2012)
25% 75 %
52
Reverse Charge Mechanism under various
services
Sr.No Description of Service Service provider Service receiver
9. Services provided in service portion
in execution of works contract 50% 50%
10. Services provided by any person who
is located in a non-taxable territory
and received by any person located in
the taxable territory
Nil 100%
53
Service Provider Service Receiver Service Tax Payable by
Individual /HUF/
Partnership firm
/AOP
Business entity –
body corporate
Joint
Individual /HUF/
Partnership firm
/AOP
Individual /HUF/
partnership firm
/AOP
100 % by service
provider
Business entity –
Body Corporate /
Company
Individual /HUF/
Partnership firm
/AOP
100 % by service
provider
Business entity –
Body Corporate
Business entity –
Body Corporate
100 % by service
provider
54
Reverse Charge Obligations for three
Specified Services
 Gross amount charged by the service provider
for such services provided or to be provided
(Section 67)
 Service Tax (Determination of Value) Rules,
2006, Rule 5 – Inclusions in or exclusion from
value of expenditure / costs
 Expenditure / costs incurred in course of providing
services – treated as consideration
 Expenditure / costs incurred as pure agent of recipient
of service – excluded conditionally
 RE arises where person paying is under no
obligation to pay but pays on behalf of other
55
Valuation of Services –
Reimbursements
Cenvat Credit
Output Service [Rule 2(p)]
Output service means any service provided by a provider
of service located in the taxable territory but shall not
include a service,—
(1) specified in section 66D of the Finance Act; or
(2) where the whole of service tax is liable to be paid
by the recipient of service.( reverse charge)
Cenvat Credit
Input Service [Rule 2(l) ]
Input service would mean any service which is received and consumed by service provider in
relation to providing an output service, or which is used by manufacturer, directly or
indirectly in relation to manufacture of final products and clearance of final products upto
the place of removal. Thus, input services could be used by an output service provider or
a manufacturer in relation to providing service or manufacturing a final product. Input
service will also include services used in relation to any one or more of the following —
(a) setting up of a factory,
(b) setting up of a premises of output service provider,
(c) setting up of a office relating to any factory or premises,
(d) advertisement or sales promotion,
(e) procurement of inputs,
(f) activities relating to management of business (say, business auxiliary
services)
Cenvat Credit
such as —
(i) accounting, (ii) auditing,
(iii) financing, (iv) recruitment,
(v) quality control,
(vi) coaching and training,
(vii) computer networking,
(viii) credit rating,
(ix) share registry,
(x) security,
(xi) inward transportation of inputs or capital goods,
(xii) outward transportation upto the place of removal.
Cenvat Credit
 Exempted service means a— (Rule 2(e))
taxable service which is exempt from the whole of
the service tax leviable thereon; or
service, on which no service tax is leviable under
section 66B of the Finance Act; or
taxable service whose part of value is exempted on
the condition that no credit of inputs and input
services, used for providing such taxable service,
shall be taken;
 but shall not include a service which is exported in
terms of rule 6A of the Service Tax Rules, 1994.
 Exempted services includes trading
Rule 4A (Contents of Invoice, Bill or
Challan)
 Name, address and the registration number of
service provider.
 Name and address of the person receiving
taxable service.
 Description and value of taxable service provided
or agreed to be provided.
 The service tax payable thereon.
Voluntary Compliance Encouragement Scheme, 2013 (VCES)
 Chapter VI (Clause 94-104 of Finance Bill, 2013)
 17 lakh assessees, 7 lakh returns filed
 Stop filers / non-filers
 Only a one time scheme
 To chase assessees not possible
 Hope to collect reasonable money
 Action & consequences
 Truthful declaration of service tax dues service 1.10.2007 upto 31.12.2012 by
defaulter as on 1.03.2013
 Payment of due tax in 1 or 2 installments
 Interest , penalties and other consequences waived
 Not applicable to period before 1.10.2007 or after 31.12.2012
 Not applicable to cases involved search, audit, investigation, SCN or
summon issued cases as on 1. 03. 2013
61
Changes in Budget 2013-14
(Finance Bill, 2013)
Voluntary Compliance Encouragement Scheme, 2013 (VCES)
 Pay at least half of tax before, 31st December, 2013
 Pay balance by
 30th June, 2014 without interest
 31st December 2014 with interest w.e.f. 1.07.2014
 Dues for period after 31st December, 2012 to be settled as per
present Law
 No refund of amount paid under VCES
 Tax dues declared but not paid – to be recovered as per Law
 False declaration to be rejected - reason to believe, notice to be
served
 No action after one year from date of declaration
 Once acknowledgement is issued - no reopening permissible
62
Changes in Budget 2013-14
(Finance Bill, 2013)
THANK YOU
FOR
YOUR
PRECIOUS TIME
AND
ATTENTION
Dr. Sanjiv Agarwal
FCA, FCS, Jaipur
asandco@gmail.com
sanjivservicetax@gmail.com
63

Mais conteúdo relacionado

Mais procurados

Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments
Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments
Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments Ramandeep Bhatia
 
Service tax tarun
Service tax tarunService tax tarun
Service tax tarunJai Sethi
 
Service tax
Service taxService tax
Service taxhas10nas
 
Multi State Vat Budget Changes-2016-17
Multi State Vat Budget Changes-2016-17Multi State Vat Budget Changes-2016-17
Multi State Vat Budget Changes-2016-17sandesh mundra
 
Service tax amendments by union budget,2015
Service tax amendments by union budget,2015Service tax amendments by union budget,2015
Service tax amendments by union budget,2015CA Rohan Chaturvedi
 
Basic provisons of service tax regime ppt
Basic provisons of service tax regime pptBasic provisons of service tax regime ppt
Basic provisons of service tax regime pptAshish Gupta
 
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts Audit
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts AuditGST Goods and Service Tax India - Refund E-commerce Job Work Accounts Audit
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts AuditAnkit Kumar Garg
 
28 07-13
28 07-1328 07-13
28 07-13PSPCL
 
CENVAT
CENVATCENVAT
CENVATHome
 
service_tax_presentation
service_tax_presentationservice_tax_presentation
service_tax_presentationAmbuj Jain
 
Service Tax Issues
Service Tax IssuesService Tax Issues
Service Tax IssuesBandS
 

Mais procurados (19)

Service tax ppt
Service tax pptService tax ppt
Service tax ppt
 
SERVICE TAX
SERVICE TAXSERVICE TAX
SERVICE TAX
 
Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments
Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments
Service Tax (including CENVAT) Amendments 2016 & Recent issues & Judgments
 
Service tax tarun
Service tax tarunService tax tarun
Service tax tarun
 
Service tax
Service taxService tax
Service tax
 
Service tax
Service taxService tax
Service tax
 
Multi State Vat Budget Changes-2016-17
Multi State Vat Budget Changes-2016-17Multi State Vat Budget Changes-2016-17
Multi State Vat Budget Changes-2016-17
 
Service tax amendments by union budget,2015
Service tax amendments by union budget,2015Service tax amendments by union budget,2015
Service tax amendments by union budget,2015
 
Input tax credit overview.
Input tax credit  overview.Input tax credit  overview.
Input tax credit overview.
 
Basic provisons of service tax regime ppt
Basic provisons of service tax regime pptBasic provisons of service tax regime ppt
Basic provisons of service tax regime ppt
 
Interest liability under gst
Interest liability under gstInterest liability under gst
Interest liability under gst
 
Presentation on Service Tax
Presentation on Service Tax Presentation on Service Tax
Presentation on Service Tax
 
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts Audit
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts AuditGST Goods and Service Tax India - Refund E-commerce Job Work Accounts Audit
GST Goods and Service Tax India - Refund E-commerce Job Work Accounts Audit
 
28 07-13
28 07-1328 07-13
28 07-13
 
Service tax
Service taxService tax
Service tax
 
CENVAT
CENVATCENVAT
CENVAT
 
service_tax_presentation
service_tax_presentationservice_tax_presentation
service_tax_presentation
 
Basic structure of service tax law
Basic structure of service tax lawBasic structure of service tax law
Basic structure of service tax law
 
Service Tax Issues
Service Tax IssuesService Tax Issues
Service Tax Issues
 

Destaque

Service tax pot rules
Service tax pot rulesService tax pot rules
Service tax pot rulesNAVEEN BAID
 
Presentation on tax office in dhangadhi,kailali
Presentation on tax office in dhangadhi,kailaliPresentation on tax office in dhangadhi,kailali
Presentation on tax office in dhangadhi,kailaliRamesh Pant
 
Point of Taxation
Point of TaxationPoint of Taxation
Point of TaxationParas Savla
 
Point of taxation
Point of taxationPoint of taxation
Point of taxationSam Garg
 
Point of taxation Rules 2012
Point of taxation Rules 2012Point of taxation Rules 2012
Point of taxation Rules 2012CA. Anshul Jain
 

Destaque (8)

Tax calendar
Tax calendarTax calendar
Tax calendar
 
Service tax pot rules
Service tax pot rulesService tax pot rules
Service tax pot rules
 
Presentation on tax office in dhangadhi,kailali
Presentation on tax office in dhangadhi,kailaliPresentation on tax office in dhangadhi,kailali
Presentation on tax office in dhangadhi,kailali
 
Point of Taxation
Point of TaxationPoint of Taxation
Point of Taxation
 
Point of taxation
Point of taxationPoint of taxation
Point of taxation
 
Negative List of Services and Exempted Services
Negative List of Services and Exempted ServicesNegative List of Services and Exempted Services
Negative List of Services and Exempted Services
 
Point of taxation Rules 2012
Point of taxation Rules 2012Point of taxation Rules 2012
Point of taxation Rules 2012
 
Service tax
Service taxService tax
Service tax
 

Semelhante a A Presentation on Service Tax & Related Compliances

Presentation on Service Tax at Ernakulam dated 28.07.2013
Presentation on Service Tax at Ernakulam dated 28.07.2013 Presentation on Service Tax at Ernakulam dated 28.07.2013
Presentation on Service Tax at Ernakulam dated 28.07.2013 Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
 
Service tax negative list based regime
Service tax negative list based regimeService tax negative list based regime
Service tax negative list based regimeAnirudhha Bhide
 
Mumbai Prentation 17.4.2013 (Session II)
Mumbai Prentation 17.4.2013 (Session II)Mumbai Prentation 17.4.2013 (Session II)
Mumbai Prentation 17.4.2013 (Session II)Agarwal sanjiv & Co
 
Mumbai Presentation 17.4.2013 (Session i)
Mumbai Presentation 17.4.2013 (Session i)Mumbai Presentation 17.4.2013 (Session i)
Mumbai Presentation 17.4.2013 (Session i)Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
 
Seminar on Service Tax at Jaipur on 20.4.2013 (Session i)
Seminar on  Service Tax at Jaipur on 20.4.2013 (Session i)Seminar on  Service Tax at Jaipur on 20.4.2013 (Session i)
Seminar on Service Tax at Jaipur on 20.4.2013 (Session i)Agarwal sanjiv & Co
 
Reverse Charge Mechanism Under Service Tax Laws
Reverse Charge Mechanism Under Service Tax Laws Reverse Charge Mechanism Under Service Tax Laws
Reverse Charge Mechanism Under Service Tax Laws Syed Irshad Ali
 
Service Tax Law Bird Eye Overview
Service Tax Law Bird Eye OverviewService Tax Law Bird Eye Overview
Service Tax Law Bird Eye OverviewSyed Irshad Ali
 
Seminar on Service Tax at Jaipur on 20.4.2013(Session ii)
Seminar on  Service Tax at Jaipur on 20.4.2013(Session ii)Seminar on  Service Tax at Jaipur on 20.4.2013(Session ii)
Seminar on Service Tax at Jaipur on 20.4.2013(Session ii)Agarwal sanjiv & Co
 
“Service Tax Law Simplified”Session i
“Service Tax Law Simplified”Session i “Service Tax Law Simplified”Session i
“Service Tax Law Simplified”Session i Agarwal sanjiv & Co
 
“Service Tax Law Simplified” - Session ii
“Service Tax Law Simplified” - Session ii“Service Tax Law Simplified” - Session ii
“Service Tax Law Simplified” - Session iiAgarwal sanjiv & Co
 
Work Shop on New Regime of Taxation of service-part I
Work Shop on New Regime of Taxation of service-part IWork Shop on New Regime of Taxation of service-part I
Work Shop on New Regime of Taxation of service-part IAgarwal sanjiv & Co
 
2013 suplement - tax laws and practice (1)
2013 suplement - tax laws and practice (1)2013 suplement - tax laws and practice (1)
2013 suplement - tax laws and practice (1)Purnangshu Roy
 
Reverse charge under Service Tax
Reverse charge under Service TaxReverse charge under Service Tax
Reverse charge under Service TaxCA. Anshul Jain
 
Reverse charge and Latest Issues in Service Tax
Reverse charge and Latest Issues in Service TaxReverse charge and Latest Issues in Service Tax
Reverse charge and Latest Issues in Service TaxCA Gaurav Gupta
 
Reverse charge and latest issues
Reverse charge and latest issuesReverse charge and latest issues
Reverse charge and latest issuesCA Gaurav Gupta
 

Semelhante a A Presentation on Service Tax & Related Compliances (20)

Presentation on Service Tax at Ernakulam dated 28.07.2013
Presentation on Service Tax at Ernakulam dated 28.07.2013 Presentation on Service Tax at Ernakulam dated 28.07.2013
Presentation on Service Tax at Ernakulam dated 28.07.2013
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
 
Service tax negative list based regime
Service tax negative list based regimeService tax negative list based regime
Service tax negative list based regime
 
Presentation rucbfl
Presentation  rucbflPresentation  rucbfl
Presentation rucbfl
 
Mumbai Prentation 17.4.2013 (Session II)
Mumbai Prentation 17.4.2013 (Session II)Mumbai Prentation 17.4.2013 (Session II)
Mumbai Prentation 17.4.2013 (Session II)
 
Mumbai Presentation 17.4.2013 (Session i)
Mumbai Presentation 17.4.2013 (Session i)Mumbai Presentation 17.4.2013 (Session i)
Mumbai Presentation 17.4.2013 (Session i)
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
 
Seminar on Service Tax at Jaipur on 20.4.2013 (Session i)
Seminar on  Service Tax at Jaipur on 20.4.2013 (Session i)Seminar on  Service Tax at Jaipur on 20.4.2013 (Session i)
Seminar on Service Tax at Jaipur on 20.4.2013 (Session i)
 
Reverse Charge Mechanism Under Service Tax Laws
Reverse Charge Mechanism Under Service Tax Laws Reverse Charge Mechanism Under Service Tax Laws
Reverse Charge Mechanism Under Service Tax Laws
 
Service Tax Law Bird Eye Overview
Service Tax Law Bird Eye OverviewService Tax Law Bird Eye Overview
Service Tax Law Bird Eye Overview
 
Seminar on Service Tax at Jaipur on 20.4.2013(Session ii)
Seminar on  Service Tax at Jaipur on 20.4.2013(Session ii)Seminar on  Service Tax at Jaipur on 20.4.2013(Session ii)
Seminar on Service Tax at Jaipur on 20.4.2013(Session ii)
 
Service tax training jan 2015
Service tax training  jan 2015Service tax training  jan 2015
Service tax training jan 2015
 
“Service Tax Law Simplified”Session i
“Service Tax Law Simplified”Session i “Service Tax Law Simplified”Session i
“Service Tax Law Simplified”Session i
 
“Service Tax Law Simplified” - Session ii
“Service Tax Law Simplified” - Session ii“Service Tax Law Simplified” - Session ii
“Service Tax Law Simplified” - Session ii
 
Work Shop on New Regime of Taxation of service-part I
Work Shop on New Regime of Taxation of service-part IWork Shop on New Regime of Taxation of service-part I
Work Shop on New Regime of Taxation of service-part I
 
Mr. Rohan Shah.ppt
Mr. Rohan Shah.pptMr. Rohan Shah.ppt
Mr. Rohan Shah.ppt
 
2013 suplement - tax laws and practice (1)
2013 suplement - tax laws and practice (1)2013 suplement - tax laws and practice (1)
2013 suplement - tax laws and practice (1)
 
Reverse charge under Service Tax
Reverse charge under Service TaxReverse charge under Service Tax
Reverse charge under Service Tax
 
Reverse charge and Latest Issues in Service Tax
Reverse charge and Latest Issues in Service TaxReverse charge and Latest Issues in Service Tax
Reverse charge and Latest Issues in Service Tax
 
Reverse charge and latest issues
Reverse charge and latest issuesReverse charge and latest issues
Reverse charge and latest issues
 

Mais de Agarwal sanjiv & Co

Service tax dossier on educational services
Service tax dossier on educational servicesService tax dossier on educational services
Service tax dossier on educational servicesAgarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Se...
Workshop on Understanding the Amended law of Service Tax  dated 29.08.2014 Se...Workshop on Understanding the Amended law of Service Tax  dated 29.08.2014 Se...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Se...Agarwal sanjiv & Co
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Agarwal sanjiv & Co
 
National Seminar on Companies Act dated 05.07.2014
National Seminar on Companies Act dated 05.07.2014National Seminar on Companies Act dated 05.07.2014
National Seminar on Companies Act dated 05.07.2014Agarwal sanjiv & Co
 
Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Agarwal sanjiv & Co
 
Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Agarwal sanjiv & Co
 
CONFERENCE ON INTERNATIONAL TAXATION
CONFERENCE ON INTERNATIONAL TAXATIONCONFERENCE ON INTERNATIONAL TAXATION
CONFERENCE ON INTERNATIONAL TAXATIONAgarwal sanjiv & Co
 
Seminar on Service Tax at Jaipur on 20.4.2013(Session iv)
  Seminar on  Service Tax at Jaipur on 20.4.2013(Session iv)  Seminar on  Service Tax at Jaipur on 20.4.2013(Session iv)
Seminar on Service Tax at Jaipur on 20.4.2013(Session iv)Agarwal sanjiv & Co
 
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)
Seminar on  Service Tax at Jaipur on 20.4.2013 (Session iii)Seminar on  Service Tax at Jaipur on 20.4.2013 (Session iii)
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)Agarwal sanjiv & Co
 
Mumbai Prentation 17.4.2013 (Session IV)
Mumbai Prentation 17.4.2013 (Session IV)Mumbai Prentation 17.4.2013 (Session IV)
Mumbai Prentation 17.4.2013 (Session IV)Agarwal sanjiv & Co
 
Mumbai Prentation 17.4.2013 (Session III)
Mumbai Prentation 17.4.2013 (Session III)Mumbai Prentation 17.4.2013 (Session III)
Mumbai Prentation 17.4.2013 (Session III)Agarwal sanjiv & Co
 
“Service Tax Law Simplified”- Session iv
“Service Tax Law Simplified”- Session iv“Service Tax Law Simplified”- Session iv
“Service Tax Law Simplified”- Session ivAgarwal sanjiv & Co
 
“Service Tax Law Simplified”- Session iii
“Service Tax Law Simplified”- Session iii“Service Tax Law Simplified”- Session iii
“Service Tax Law Simplified”- Session iiiAgarwal sanjiv & Co
 
Place of Provision of Services and Other Amendments Session iv
Place of Provision of Services and Other Amendments Session ivPlace of Provision of Services and Other Amendments Session iv
Place of Provision of Services and Other Amendments Session ivAgarwal sanjiv & Co
 
A Presentation On Construction & GTA Services – An Overview 29th November...
A Presentation On Construction  & GTA Services – An Overview  29th November...A Presentation On Construction  & GTA Services – An Overview  29th November...
A Presentation On Construction & GTA Services – An Overview 29th November...Agarwal sanjiv & Co
 

Mais de Agarwal sanjiv & Co (19)

Service tax dossier on educational services
Service tax dossier on educational servicesService tax dossier on educational services
Service tax dossier on educational services
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
 
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 03.09.2014 Ses...
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Se...
Workshop on Understanding the Amended law of Service Tax  dated 29.08.2014 Se...Workshop on Understanding the Amended law of Service Tax  dated 29.08.2014 Se...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Se...
 
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
Workshop on Understanding the Amended law of Service Tax dated 29.08.2014 Ses...
 
National Seminar on Companies Act dated 05.07.2014
National Seminar on Companies Act dated 05.07.2014National Seminar on Companies Act dated 05.07.2014
National Seminar on Companies Act dated 05.07.2014
 
Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013
 
Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013Presentation on Service tax at Ernakulam dated 28.07.2013
Presentation on Service tax at Ernakulam dated 28.07.2013
 
CONFERENCE ON INTERNATIONAL TAXATION
CONFERENCE ON INTERNATIONAL TAXATIONCONFERENCE ON INTERNATIONAL TAXATION
CONFERENCE ON INTERNATIONAL TAXATION
 
Seminar on Service Tax at Jaipur on 20.4.2013(Session iv)
  Seminar on  Service Tax at Jaipur on 20.4.2013(Session iv)  Seminar on  Service Tax at Jaipur on 20.4.2013(Session iv)
Seminar on Service Tax at Jaipur on 20.4.2013(Session iv)
 
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)
Seminar on  Service Tax at Jaipur on 20.4.2013 (Session iii)Seminar on  Service Tax at Jaipur on 20.4.2013 (Session iii)
Seminar on Service Tax at Jaipur on 20.4.2013 (Session iii)
 
Mumbai Prentation 17.4.2013 (Session IV)
Mumbai Prentation 17.4.2013 (Session IV)Mumbai Prentation 17.4.2013 (Session IV)
Mumbai Prentation 17.4.2013 (Session IV)
 
Mumbai Prentation 17.4.2013 (Session III)
Mumbai Prentation 17.4.2013 (Session III)Mumbai Prentation 17.4.2013 (Session III)
Mumbai Prentation 17.4.2013 (Session III)
 
“Service Tax Law Simplified”- Session iv
“Service Tax Law Simplified”- Session iv“Service Tax Law Simplified”- Session iv
“Service Tax Law Simplified”- Session iv
 
“Service Tax Law Simplified”- Session iii
“Service Tax Law Simplified”- Session iii“Service Tax Law Simplified”- Session iii
“Service Tax Law Simplified”- Session iii
 
Place of Provision of Services and Other Amendments Session iv
Place of Provision of Services and Other Amendments Session ivPlace of Provision of Services and Other Amendments Session iv
Place of Provision of Services and Other Amendments Session iv
 
A Presentation On Construction & GTA Services – An Overview 29th November...
A Presentation On Construction  & GTA Services – An Overview  29th November...A Presentation On Construction  & GTA Services – An Overview  29th November...
A Presentation On Construction & GTA Services – An Overview 29th November...
 

Último

Introduction to Nonprofit Accounting: The Basics
Introduction to Nonprofit Accounting: The BasicsIntroduction to Nonprofit Accounting: The Basics
Introduction to Nonprofit Accounting: The BasicsTechSoup
 
Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxVishalSingh1417
 
Sociology 101 Demonstration of Learning Exhibit
Sociology 101 Demonstration of Learning ExhibitSociology 101 Demonstration of Learning Exhibit
Sociology 101 Demonstration of Learning Exhibitjbellavia9
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104misteraugie
 
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxUnit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxVishalSingh1417
 
Key note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdfKey note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdfAdmir Softic
 
Class 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfClass 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfAyushMahapatra5
 
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...christianmathematics
 
1029 - Danh muc Sach Giao Khoa 10 . pdf
1029 -  Danh muc Sach Giao Khoa 10 . pdf1029 -  Danh muc Sach Giao Khoa 10 . pdf
1029 - Danh muc Sach Giao Khoa 10 . pdfQucHHunhnh
 
psychiatric nursing HISTORY COLLECTION .docx
psychiatric  nursing HISTORY  COLLECTION  .docxpsychiatric  nursing HISTORY  COLLECTION  .docx
psychiatric nursing HISTORY COLLECTION .docxPoojaSen20
 
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfActivity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfciinovamais
 
The basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxThe basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxheathfieldcps1
 
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in DelhiRussian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhikauryashika82
 
Making and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfMaking and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfChris Hunter
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDThiyagu K
 
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxPython Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxRamakrishna Reddy Bijjam
 
Application orientated numerical on hev.ppt
Application orientated numerical on hev.pptApplication orientated numerical on hev.ppt
Application orientated numerical on hev.pptRamjanShidvankar
 
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17  How to Extend Models Using Mixin ClassesMixin Classes in Odoo 17  How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17 How to Extend Models Using Mixin ClassesCeline George
 
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIFood Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIShubhangi Sonawane
 

Último (20)

Introduction to Nonprofit Accounting: The Basics
Introduction to Nonprofit Accounting: The BasicsIntroduction to Nonprofit Accounting: The Basics
Introduction to Nonprofit Accounting: The Basics
 
Unit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptxUnit-IV- Pharma. Marketing Channels.pptx
Unit-IV- Pharma. Marketing Channels.pptx
 
Sociology 101 Demonstration of Learning Exhibit
Sociology 101 Demonstration of Learning ExhibitSociology 101 Demonstration of Learning Exhibit
Sociology 101 Demonstration of Learning Exhibit
 
Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104Nutritional Needs Presentation - HLTH 104
Nutritional Needs Presentation - HLTH 104
 
Unit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptxUnit-V; Pricing (Pharma Marketing Management).pptx
Unit-V; Pricing (Pharma Marketing Management).pptx
 
Key note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdfKey note speaker Neum_Admir Softic_ENG.pdf
Key note speaker Neum_Admir Softic_ENG.pdf
 
Class 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdfClass 11th Physics NEET formula sheet pdf
Class 11th Physics NEET formula sheet pdf
 
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...
Explore beautiful and ugly buildings. Mathematics helps us create beautiful d...
 
1029 - Danh muc Sach Giao Khoa 10 . pdf
1029 -  Danh muc Sach Giao Khoa 10 . pdf1029 -  Danh muc Sach Giao Khoa 10 . pdf
1029 - Danh muc Sach Giao Khoa 10 . pdf
 
psychiatric nursing HISTORY COLLECTION .docx
psychiatric  nursing HISTORY  COLLECTION  .docxpsychiatric  nursing HISTORY  COLLECTION  .docx
psychiatric nursing HISTORY COLLECTION .docx
 
Activity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdfActivity 01 - Artificial Culture (1).pdf
Activity 01 - Artificial Culture (1).pdf
 
The basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptxThe basics of sentences session 2pptx copy.pptx
The basics of sentences session 2pptx copy.pptx
 
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in DelhiRussian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
Russian Escort Service in Delhi 11k Hotel Foreigner Russian Call Girls in Delhi
 
Making and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdfMaking and Justifying Mathematical Decisions.pdf
Making and Justifying Mathematical Decisions.pdf
 
Measures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SDMeasures of Dispersion and Variability: Range, QD, AD and SD
Measures of Dispersion and Variability: Range, QD, AD and SD
 
Asian American Pacific Islander Month DDSD 2024.pptx
Asian American Pacific Islander Month DDSD 2024.pptxAsian American Pacific Islander Month DDSD 2024.pptx
Asian American Pacific Islander Month DDSD 2024.pptx
 
Python Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docxPython Notes for mca i year students osmania university.docx
Python Notes for mca i year students osmania university.docx
 
Application orientated numerical on hev.ppt
Application orientated numerical on hev.pptApplication orientated numerical on hev.ppt
Application orientated numerical on hev.ppt
 
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17  How to Extend Models Using Mixin ClassesMixin Classes in Odoo 17  How to Extend Models Using Mixin Classes
Mixin Classes in Odoo 17 How to Extend Models Using Mixin Classes
 
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-IIFood Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
Food Chain and Food Web (Ecosystem) EVS, B. Pharmacy 1st Year, Sem-II
 

A Presentation on Service Tax & Related Compliances

  • 1. Organized by Rajasthan Event Management Association Dr. Sanjiv Agarwal 5th July, 2013 FCA, FCS © Dr. Sanjiv Agarwal
  • 2. Service Tax and Related Compliances This presentation covers - • Overview of Service Tax – Past and Present • Specific provisions / exemptions relating to event management / sponsorship services • Place of Provision of Services Rules, 2012 • Reverse Charge Mechanism • Cenvat credit
  • 3. 3 Indian Economy – An Overview  Indian economy is the 11th largest economy in the world and the third fastest growing even in today‘s recession, after China and Indonesia (Present growth rate around 5.5%)  World is presently facing recession-II but Indian economy is still a growth economy  Inflation –food, lifestyle  Agriculture, services and industry are the major sectors of Indian economy. Contribution of different sectors in March, 2012 was :  Agriculture 19%  Services 59%  Industry 22% (likely to be @ 64% in March, 2013)
  • 4. Indian Economy – An Overview
  • 5.  Indian GDP to grow about 5 percent in 2012-13 and growth expected at 6.1-6.7 percent in 2013-14  Tax Policy – clarity in tax Laws, stable tax regime, non-adversarial tax administration, fair mechanism for dispute resolution, independent judiciary  Need to raise tax – GDP ratio which is presently around 6-7 percent.  Service Tax contributes 11.50 percent of the gross tax revenue  Service sector growth @ 9%, much higher than the GDP growth itself.  Contribution of services sector in GDP at 64% including construction sector.  No change in Service Tax rates.  No change in peak rates of customs and excise duties also. 5 Economy / Taxation – A Status
  • 6. Growth of Service Tax Year No of new services Total No of services Total collection (Rs. in crore) 1994 3 3 407 2001 - 26 2612 2005 13 72 14199 2008 7 103 51301 2010 3 112 58000 2012 0 120 97509 2013 - All 132697 (RE) 131884 (A) 2014 - All 180141 (BE)
  • 7.  Introduced in India in 1994 as a simple, modest tax with just three services.  Service tax – an indirect tax.  Approach to Service Tax – Selective as against comprehensive one.  Desirable from revenue, equity and economic view point.  Governed by Finance Act, 1994 and a dozen of rules.  Legislative dependence on over 25 other laws.  Scattered and heterogeneous large mass of service providers as well as wide spectrum of services.  Jurisdictional application. 7 Service Tax in India (The Past)
  • 8. Shift to Comprehensive Approach  W.e.f. 1st July, 2012  Finance Act, 2012 – A land mark Act to shift from selective positive approach to negative approach.  It took 18 years to shift from selective approach (positive) to comprehensive approach (negative ) to tax services  All services to be taxed other than services specified in the negative list and exempted services – Section 66B. 8 Service Tax – The Present
  • 9. 9 All Services (including declared Services (-) Specific Exclusions (-) Negative List Services Exemptions Taxable Services (-) Present Taxation of Services (=)
  • 10. New Provisions in Service Tax under Negative List  Section 66 B deals with charge of service tax on or after Finance Act, 2012  Section 66 C provides for determination of place of provision of service.  Section 66 D comprises of negative list of services  Section 66 E comprises of the services which constitute declared services  Section 66 F provide principles of interpretation of specified description of services or bundled services 10
  • 11.  Effective rate of Service Tax @ 12.36 percent w.e.f. 01.04.2012 including education cess.  Definition of ‘service’ finds place in statutory provisions  Place of provision of service rules determine the location of service and become be basis of taxation.  Concept of taxable territory and non- taxable territory introduced  Classification of service criteria replaced by new section 66F on interpretation principles of specified description of services or bundled services.  Under new reverse charge mechanism, onus of paying Service Tax will be shared by service provider and service receiver in case of specified services. 11 MAJOR CHANGES IN SERVICE TAX FOR 2012-13 AT A GLANCE
  • 12. Quarterly Service Tax Returns April to June, 2012  N. No. 47/2012-ST dated 28.09.2012 – for April to June 2012, quarterly return prescribed.  Order No. 3/2012 - last date of return was extended upto 25.11.2012 July to September, 2012 N. No. 1/2013-ST, dated 22.02.2013 Circular No. 137 dated 22.02.2013 / Order No. 1  Last date 25th March, 2013; extended to 15th April, 2013; further extended upto 30th April 2013 vide Order No. 2/2013-ST, dated 12.4.2013 October 2012 to March, 2013 Vide Order No. 3/2013 dated 23.04.2013 , last date extended upto 31st August , 2013 12 MAJOR CHANGES IN SERVICE TAX IN 2012-13 AT A GLANCE
  • 13. Changes in Budget / Finance Act, 2013  Stability in negative list maintained with only a few changes.  Penalty u/s 77(a) (in case of non-registration) shall be restricted to a maximum of Rs. 10,000.  New provisions for revised punishments for offences u/s 89, makes certain offences cognizable and others non cognizable and bailable.  New Section 78A inserted to impose penalty on directors and officials of company for specified willful actions / offences.  Power to arrest provided u/s 91 where Service Tax contravention / default is more than Rs. 50 lakhs. 13 Recent Amends in Service Tax
  • 14. ‗Service' has been defined in clause (44) of the section 65B and means –  any activity  For a consideration  carried out by a person for another  and includes a declared service (66E) 14 What is Service
  • 15. 15 The New Taxability Concept Taxable 3. Exemptions (39) 1. Non - Taxable territory (POPS) 2. Negative list (17) SERVICE FOR A CONSIDERATION E - MAGIC TEST E: Employee M: Money A: Actionable claim G: Goods I: Immovable property C: Court Fee 9DECLAREDSERVICES
  • 16.  Activity must be for a consideration (nexus / reciprocity)  Activity – includes both activity as well as non-activity  Consideration – includes both monetary and non monetary consideration.  Two persons are involved – Service provider Service receiver  Only services provided by one person to another are taxable  Person – natural as well as artificial 16 What is Service
  • 17. Activity  Not defined in the Act  In common understanding, activity includes –  An act done  A work done  A deed done  An operation carried out  Execution of an act  Provision of a facility etc.  Activity could be active or passive and forbearance to act  Agreeing to an obligation to refrain from an act or to tolerate an act or a situation - listed as a declared service u/s 66E 17 What is Service
  • 18. Consideration  Means everything received or recoverable in return for a provision of service which includes - ○ Monetary payment ○ Non-monetary payment ○ Deferred consideration  Under Indian Contract Act, 1872, consideration means - ―When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise‖ 18 What is Service
  • 19. Activity for a Consideration  Activity should be carried out by a person for a consideration  Activity without consideration like- ○ Donation ○ Gifts ○ Free charities outside the ambit of service  Charity for consideration would be service and taxable unless otherwise exempted 19 What is Service
  • 20. 'Service' does not include -  any activity that constitutes only a transfer in title of goods or immovable property by way of sale, gift or in any other manner.  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  a transaction only in money or actionable claim  a service provided by an employee to an employer in the course of the employment.  fees payable to a court or a tribunal set up under a law for the time being in force 20 What is Service : Exclusions
  • 21. This scope shall not apply to – a) functions performed by M.P., M.L.A., Members of Panchayats / Municipalities who receive any consideration in performing the functions of that office as such member; or b) duties performed by any person who holds any post in pursuance of the provisions of the Constitution in that capacity; or c) duties performed by any person as a Chairperson or a Member or a Director in a body established by the Central Government or State Government or local authority and who is not deemed as an employee before the commencement of this section. 21 What is Service
  • 22. 22 What is Service For the purpose of scope of service - (a) an unincorporated association or a AOP and a member thereof shall be treated as distinct persons; (b) an establishment of a person in the taxable territory and any of his other establishment in a non-taxable territory shall be treated as establishments of distinct persons. (c) A person carrying on a business through a branch or agency or representational office in any territory shall be treated as having an establishment in that territory
  • 23. Sponsorship Service Not defined in new Law Sponsorship in old regime [Section 65(99a)] - Sponsorship includes naming an event after the sponsor, displaying the sponsor's company logo or trading name, giving the sponsor exclusive or priority booking rights, sponsoring prizes or trophies for competition; but does not include any financial or other support in the form of donations or gifts, given by the donors subject to the condition that the service provider is under no obligation to provide anything in return to such donors. The following services shall be included in sponsorship —  naming an event after the name of sponsor  displaying the sponsor's company logo on trade name  giving the sponsor exclusive or priority booking rights  sponsoring prizes or trophies for competition  other support with obligation to provide anything in return. Sponsorship will exclude financial support without any obligation, gifts or donations, sponsorship of sport events given by donors subject to conditions that the service provider is under no obligation to provide anything in return to such donors.
  • 24. Event Management Service Not defined in new Law Event management in old regime [Section 65(40)] — "event management" means any service provided in relation to planning promotion, organising or presentation of any arts, entertainment, business, sports, marriage or any other event and includes any consultation provided in this regard. The event management services would cover certain specific services in relation to -  consultation  planning  promotion  organizing, or  presentation, of any of the following — ○ arts ○ entertainment ○ Business ○ sports ○ Marriage ○ any other event
  • 25. Event Manager Not defined in new Law Event Manager in old regime [Section 65(41)] Event manager means any person who is engaged in providing any service in relation to event management in any manner. Following two features are clear from this definition -  event manager can be any person i.e., natural or legal.  He must be engaged in providing services in any manner in relation to management of any event.
  • 26. Agreeing to an obligation to refrain from an Act / to tolerate Act or situation / to do an Act [section 66E(e)] Following activities if carried out by a person for another for consideration would be treated as provision of service -  Agreeing to an obligation to refrain from an act.  Agreeing to an obligation to tolerate an act or a situation.  Agreeing to an obligation to do an act. 26 Declared Services
  • 27. Obligations / Actions Examples of Taxable Obligations / Actions  Non-compete fees for agreeing not to compete  compensation on termination of business agreements  advance forfeited for cancellation of agreement to provide a service.  forfeiture of security deposit for damages done by service receiver in course of receiving of services.  cancellation charges being charged by airlines, hotels etc.  consideration for non-appearance in a court of law or withdrawal of suit.  demurrage charges or detention charges 27 Declared Services
  • 28. Event related Services covered in Negative List Admission to entertainment events and access to amusement facilities Section 65B(24) ‗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 …….
  • 29. Event related Services covered in Negative List Admission to entertainment events and access to amusement facilities 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 …….
  • 30. Event related Services covered in Negative List Admission to entertainment events and access to amusement facilities “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 …….
  • 31. Event related Services covered in Negative List Admission to entertainment events and access to amusement facilities • 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
  • 32. 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) contd ……. 32 Event related Services covered in Negative List
  • 33. Event related Services covered in Negative List Taxable Non-taxable Sale of space or time for advertisement to be broadcast on radio or television Sale of space for advertisement in print media Sale of time slot by a broadcasting organization Sale of space for advertisement in bill boards, public places (including stadia), buildings, conveyances, cell phones, automated teller machines, internet Aerial advertising Presentation made in person 33
  • 34. Event related Services covered in Negative List Not covered in Negative List Covered In Negative List Printing & Publishing of yellow pages, business directory and trade catalogues etc. Spaces allotted in buses and public transport system public transport system to run display of advertisement Advertisement services to Government departments Private circulation of magazines / journals Purchase of time slots from broadcaster and sold to advertising agency Telephone directories Preparing advertisement for display during a movie in theatre Clubs, associations, professional bodies etc. member's list / directories Services provided by advertisement agencies in relation to preparation of advertisement Internal directories / business information Commission received by advertisement agencies from broadcasting or publishing companies 34
  • 35. 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. 35 Event related Services covered in Negative List
  • 36. Event related Services covered under Exemption Services by way of sponsorship of sporting events organized- (Entry No. 11) a) by a national sports federation, or its affiliated federations, where the participating teams or individuals represent any district, state or zone; b) by Association of Indian Universities, Inter-University Sports Board, School Games Federation of India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics Bharat; c) by Central Civil Services Cultural and Sports Board; d) as part of national games, by Indian Olympic Association; or e) under Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme
  • 37. Event related Services covered under Exemption Services by way of sponsorship of sporting events • Events, i.e., tournaments or championships organized only by specified bodies in relation to games, sport, cultural events etc – Exempted • Any sponsorship of event organized by any other body like BCCI arranging IPL cricket tournament –Not Exempted • Vide N. No. 30/2012-ST dated 20.6.2012, entire service tax is payable by the body corporate or partnership firm receiving the service in India under reverse charge method
  • 38. Event related Services covered under Exemption Services by a performing artist in folk or classical art forms of (i) music, or (ii) dance, or (iii) theatre, excluding services provided by such artist as a brand ambassador; (Entry No. 16) • The service provided by any person being a performing artist in the form of - • folk, or • classical in relation to - • music, • dance, or • theatre are exempt • if such an artist provides services as a brand ambassador for any product, service, event or company etc for a consideration - Taxable
  • 39. Event related Services covered under Exemption Services by an organizer to any person in respect of a business exhibition held outside India (Entry No. 31)  Organizer should be in India  Exhibition should be held outside India  It should be in relation to business 39
  • 40. Taxation of Cross Border Services How to Determine Taxability – i) Which rule applies to the service provided specifically? In case more than one rules apply equally, which of these come later in the order given in the rules? ii) What is the place of provision of the service in terms of the above rule? iii) Is the place of provision in taxable territory? If yes, tax will be payable. If not, tax will not be payable. iv) Is the provider 'located' in the taxable territory? If yes, he will pay the tax. v) If not, is the service receiver located in taxable territory? If yes, he may be liable to pay tax on reverse charge basis. vi) Is the service receiver an individual or government receiving services for a non-business purpose, or a charity receiving services for a charitable activity? If yes, the same is exempted. vii) If not, he is liable to pay tax. 40
  • 41. Taxation of Cross Border Services Rule 3- Default Rule  The main rule or default rule provides that a service shall be deemed to be provided , where the receiver is located  In case, when location of the service receiver is not ascertainable, location of the service provider is the place of provision of service  This rule is applied when none of the other later rules apply 41
  • 42. Rule 3- Default Rule 42 ‘A’ Service Provider ‘X’ Service Provider ‘B’ Service Receiver ‘Y’ Service Receiver Taxable Territory Non- Taxable Territory Taxablefor A Taxable for B Not Taxable
  • 43. Taxation of Cross Border Services Rule 6- Service relating to Events  Place of provision is the place where event is actually held  Covers admission to events, organizing events and ancillary services relating to events  Includes cultural, artistic, sporting, scientific, educational, entertainment event, or a celebration or any other similar event Examples  Conventions  Conferences  Exhibitions  Fairs , Seminars  Workshops  Weddings  Sports  Cultural Events etc. Contd…… 43
  • 44. Taxation of Cross Border Services Rule 6- Service relating to Events  A management school located in UK intends to organize a road show in Mumbai and New Delhi for prospective students. Any service provided by an event manager, or the right to entry like participation fee for prospective student will be taxable in India.  An Indian fashion design firm hosts a show at USA. The firm receives the services of a Canadian event organizer. The place of provision of this service is the location of the event, which is outside the taxable territory. Any service provided in relation to this event, including entry fee will not be taxable.  Provision of sound engineering for an artistic event is a pre-requisite for staging of that event and should be regarded as a service ancillary to its organization. A service of hiring a specific equipment to enjoy the event at the venue, is ancillary to admission. 44
  • 45. Taxation of Cross Border Services Rule 14- Order of application of Rules  Where more than one rule applies, rule that occurs later is relevant rule 45
  • 46. Under Partial Reverse Charge (Proportional)  Renting of motor vehicles  Manpower supply & security services  Works contracts Under Full Reverse Charge (100%)  Insurance related services by agents  goods transportation by road  sponsorship  arbitral tribunals  legal services  company director's services  services provided by Government / local authority excluding specified services  services provided by persons located in non-taxable territory to persons located in taxable territory. 46 Liability to pay tax under Reverse Charge by Service Receiver
  • 47.  Governed by Notification No. 30/2012-ST dated 20.06.2012 w.e.f. 1.7.2012  Liabilities of both the service provider and service receiver are independent of each other  Reverse charge will not apply where the service receiver is located in non-taxable territory  For three specified services provided by business entities being company, society, cooperative society, trust etc, reverse charge will not apply.  Reverse charge will also not apply where the service recipient is any person or business entity not being a body corporate in case of three specified services  Small scale benefit is available only to service provider (not to service receiver), if entitled 47 Important Points in Reverse Charge Mechanism
  • 48.  Service receiver under reverse charge cannot avail exemption of Rs. 10 lakh under Notification No. 33/2012- ST dated 20.06.2012  Valuation of services by services provider and service receiver can be on different principles, if permitted by law (e.g. works contract - Refer Notification No. 30/2012-ST, explanation II)  Liability to pay Service Tax for ongoing contracts will be as per Point of Taxation Rules, 2011  Reverse charge shall not be applicable if provider of service was liable before 1.7.2012  Service Tax will not be payable by service receiver under reverse charge, if service was provided prior to 1.7.2012, even if payment is made after 30.06.2012 48 Important Points in Reverse Charge Mechanism
  • 49. Service Provider Service Receiver Individual Advocate / Firm / LLP **Business entity with turnover > Rs 10 lakhs in preceding financial year Arbitral Tribunal **Business entity with turnover > Rs 10 lakh in previous financial year ** Business entity may be an individual also 49 Reverse Charge for Legal Services
  • 50. Reverse Charge Mechanism under various services S. No. Description of Service Service provider Service receiver 1. Services provided by an insurance agent to any person carrying on insurance business Nil 100% 2. Services provided by a goods transport agency in respect of transportation of goods by road Nil 100% 3. Services provided by way of sponsorship Nil 100% 50
  • 51. Reverse Charge Mechanism under various services S. No. Description of Service Service provider Service receiver 4. Services provided by an arbitral tribunal Nil 100% 5. Services provided by individual advocate or a firm of advocates by way of legal services Nil 100% 5A. in respect of services provided or agreed to be provided by a director of a company to the said company ( w.e.f 7.08.2012) Nil 100% 6. Services provided by Government or local authority by way of support services excluding,- (1) renting of immovable property, (2) postal services (3) transport of goods / passengers (4) air craft or vessel Nil 100% 51
  • 52. Reverse Charge Mechanism under various services S. No. Description of Service Service provider Service receiver 7. Hiring of Motor Vehicle (a) renting of a motor vehicle designed to carry passengers on abated value to any person not engaged in the similar line of business (b) renting of a motor vehicle designed to carry passengers on non abated value to any person who is not engaged in the similar line of business Nil 60% 100 % 40% 8. Services provided by way of supply of manpower for any purpose or security services ( w.e.f 07.08.2012) 25% 75 % 52
  • 53. Reverse Charge Mechanism under various services Sr.No Description of Service Service provider Service receiver 9. Services provided in service portion in execution of works contract 50% 50% 10. Services provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory Nil 100% 53
  • 54. Service Provider Service Receiver Service Tax Payable by Individual /HUF/ Partnership firm /AOP Business entity – body corporate Joint Individual /HUF/ Partnership firm /AOP Individual /HUF/ partnership firm /AOP 100 % by service provider Business entity – Body Corporate / Company Individual /HUF/ Partnership firm /AOP 100 % by service provider Business entity – Body Corporate Business entity – Body Corporate 100 % by service provider 54 Reverse Charge Obligations for three Specified Services
  • 55.  Gross amount charged by the service provider for such services provided or to be provided (Section 67)  Service Tax (Determination of Value) Rules, 2006, Rule 5 – Inclusions in or exclusion from value of expenditure / costs  Expenditure / costs incurred in course of providing services – treated as consideration  Expenditure / costs incurred as pure agent of recipient of service – excluded conditionally  RE arises where person paying is under no obligation to pay but pays on behalf of other 55 Valuation of Services – Reimbursements
  • 56. Cenvat Credit Output Service [Rule 2(p)] Output service means any service provided by a provider of service located in the taxable territory but shall not include a service,— (1) specified in section 66D of the Finance Act; or (2) where the whole of service tax is liable to be paid by the recipient of service.( reverse charge)
  • 57. Cenvat Credit Input Service [Rule 2(l) ] Input service would mean any service which is received and consumed by service provider in relation to providing an output service, or which is used by manufacturer, directly or indirectly in relation to manufacture of final products and clearance of final products upto the place of removal. Thus, input services could be used by an output service provider or a manufacturer in relation to providing service or manufacturing a final product. Input service will also include services used in relation to any one or more of the following — (a) setting up of a factory, (b) setting up of a premises of output service provider, (c) setting up of a office relating to any factory or premises, (d) advertisement or sales promotion, (e) procurement of inputs, (f) activities relating to management of business (say, business auxiliary services)
  • 58. Cenvat Credit such as — (i) accounting, (ii) auditing, (iii) financing, (iv) recruitment, (v) quality control, (vi) coaching and training, (vii) computer networking, (viii) credit rating, (ix) share registry, (x) security, (xi) inward transportation of inputs or capital goods, (xii) outward transportation upto the place of removal.
  • 59. Cenvat Credit  Exempted service means a— (Rule 2(e)) taxable service which is exempt from the whole of the service tax leviable thereon; or service, on which no service tax is leviable under section 66B of the Finance Act; or taxable service whose part of value is exempted on the condition that no credit of inputs and input services, used for providing such taxable service, shall be taken;  but shall not include a service which is exported in terms of rule 6A of the Service Tax Rules, 1994.  Exempted services includes trading
  • 60. Rule 4A (Contents of Invoice, Bill or Challan)  Name, address and the registration number of service provider.  Name and address of the person receiving taxable service.  Description and value of taxable service provided or agreed to be provided.  The service tax payable thereon.
  • 61. Voluntary Compliance Encouragement Scheme, 2013 (VCES)  Chapter VI (Clause 94-104 of Finance Bill, 2013)  17 lakh assessees, 7 lakh returns filed  Stop filers / non-filers  Only a one time scheme  To chase assessees not possible  Hope to collect reasonable money  Action & consequences  Truthful declaration of service tax dues service 1.10.2007 upto 31.12.2012 by defaulter as on 1.03.2013  Payment of due tax in 1 or 2 installments  Interest , penalties and other consequences waived  Not applicable to period before 1.10.2007 or after 31.12.2012  Not applicable to cases involved search, audit, investigation, SCN or summon issued cases as on 1. 03. 2013 61 Changes in Budget 2013-14 (Finance Bill, 2013)
  • 62. Voluntary Compliance Encouragement Scheme, 2013 (VCES)  Pay at least half of tax before, 31st December, 2013  Pay balance by  30th June, 2014 without interest  31st December 2014 with interest w.e.f. 1.07.2014  Dues for period after 31st December, 2012 to be settled as per present Law  No refund of amount paid under VCES  Tax dues declared but not paid – to be recovered as per Law  False declaration to be rejected - reason to believe, notice to be served  No action after one year from date of declaration  Once acknowledgement is issued - no reopening permissible 62 Changes in Budget 2013-14 (Finance Bill, 2013)
  • 63. THANK YOU FOR YOUR PRECIOUS TIME AND ATTENTION Dr. Sanjiv Agarwal FCA, FCS, Jaipur asandco@gmail.com sanjivservicetax@gmail.com 63