Key Concepts of New Service Tax Regime

List of Declared Services as per Sec 66 E

Renting of Immovable Property. Construction of complex, building, civil structure or a part thereof, including a complex or

building intended for sale to a buyer, wholly or partly except where the entire consideration is received after issuance of completion certificate by competent authority.

Temporary Transfer or permitting the use or enjoyment of any IPR(Intellectual Property Rights) Development,Design,Programming,Customization,Adaption, Up gradation, Enhancement,

implementation of IT Software Agreeing to the obligation to refrain from any act or to tolerate an act or a situation or to do an

act. Transfer of Goods by way of hiring, leasing, licensing or in any such manner without transfer of

right to use such goods. Activities in relation to delivery of gods on Hire Purchase or any system of payment by

installments Service Portion in execution of a Works contract. Service portion in an activity wherein goods being food or any other article of human

consumption or any drink (whether or not intoxicating) is supplied in any manner as part of the activity.

List of Negative List Services as per Sec 66D

Services by Government or a local authority excluding the following services to the extent they are not covered elsewhere-

Services by Department of Posts by way of speed post, express post, express parcel post, life insurance & agency services provided to a person other than government.

Services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport.

Transport of Goods or Passengers: or Support Services, other than service covered under clause (i) to (iii) above,

provided to business entities. Service provided by RBI. Service provided by a Foreign Diplomatic Mission located in India. Services relating to agriculture or agriculture produce by way of :-

Agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or seed testing.

Supply of farm labour. Processes carried out at an agricultural farm including tending, pruning,

Harvesting, drying, cleaning, trimming, sundrying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market.

Renting or leasing of Agro Machinery or vacant land with or without a structure incidental to its use.

Loading, Unloading, Packing, Storage or Warehousing of agricultural produce. Agricultural Extension Services. Services by an Agricultural Produce Marketing Committee or Board or services

provided by a commission agent for sale or purchase of agricultural produce. Trading of Goods. Any process amounting to manufacture or production of goods. Selling of Space or Time Slots for advertisements other than advertisement broadcast by

radio or television. Services by way of access to a road or bridge on payment of TOLL Charges. Betting ,Gambling or Lottery Admission to Entertainment Events or access to Amusements Facilities. Transmission or Distribution of electricity by an electricity transmission or distribution

utility. Services by way of :-

PRE-SCHOOL EDUCATION and Education upto Higher Secondary School or equivalent.

Education as part of a curriculum for obtaining a qualification recognized by any law for the time being in force.

Education as part of an approved Vocational Education Course. Services by way of Renting of Residential Dwelling for use as residence. Services by way of :-

Extending deposits loans or advances in so far as consideration is represented by way of interest or discount.

INTER –SE Sale or Purchase of Foreign Currency amongst banks or authorized dealers of foreign exchange or amongst banks & such dealers.

Services of transportation of passengers, with or without accompanied belongings ,by:- A Stage Carriage. Railways in a class other than first class or an air-conditioned coach. Metro, Monorail or Tramway. INLAND WATERWAY Public Transport, other than predominantly for tourism purpose, in a vessel

between places located in India. Metered Cabs, Radio Taxis or Auto Rickshaw.

Services by way of Transportation of Goods :- By Road except the services of a GTA or a Courier Agency.

By an aircraft or vessel from a place outside India to the Customs station of clearance in India.

By Inland Waterway Funeral, Burial, Crematorium or Mortuary Services.

Concept of Bundled Services

Bundled Services means a bundle of provision of various services wherein an element of provision of one service is combined with an element or elements of provision of any other service or Services.

The Taxability of a Bundled Services shall be determined in the following manner subject to Sec 66F (2):-

If various elements of such service are naturally bundled in the ordinary course of business, it shall be treated as provision of the single service which gives such bundle its essential character.

If various elements of such service are not naturally bundled in the ordinary course of business, it shall be treated as provision of the single service which results in highest liability of Service Tax.

Place of Provision of Services Rules, 2012

Rule 3 Place of Provision Generally (Default Rule)

The Place of Provision of a Service shall be the location of the recipient of service Provided that In case location of service receiver is not available in the ordinary course of business, the place of provision shall be the location of provider of service.

Rule 4 Place of Provision of Performance Based Service The Place of provision of following services shall be the location where the services are actually performed namely:-

Services provided in respect of goods that are required to be made physically available by the recipient of service to the provider of service, or to a person acting on behalf of provider of service, in order to provide the service. Provided that when such services are provided from a remote location by way of electronic means the place of provision shall be the location where goods are situated at the time of provision of service.

Services provided to An Individual, represented either as recipient of service or a person acting on behalf of the recipient, which requires the physical presence of the receiver or the person acting on behalf of the receiver, with the provider for the provision of service.

Rule 5 Place of Provision of Services relating to IMMOVABLE PROPERTY

The place of provision of services provided directly in relation to an Immovable Property, Including:-

Services provided in this regard by experts & Estate Agents. Provision of hotel accommodation by a hotel,inn,guest house, club or campsite, by

whatever, name called Grant of Right to use Immovable Property Services for carrying out or co-ordination of construction work, including Architects

or Interior Decorators, Shall be the place where the immovable property is located or intended to be located.

Rule 6 Place of Provision of Services relating to EVENTS

The place of provision of Services provided by way of admission to, or organization of, a cultural, artistic,

sporting, scientific, educational, or entertainment event, or a celebration, conference, fair, exhibition or similar events. and

Of services ancillary to such admission shall be the place where the event is actually held.

Rule 7 Place of Provision of services provided at more than one location

Where any services referred to in rule 4,5or 6 is provided at more than one location, including a Location in the taxable territory, its place of provision shall be the location in the Taxable territory where the greatest proportion of the service is provided

Rule 8 Place of Provision of Services where both SP & SR are located in taxable territory

Place of Provision of Service, where the location of the provider of service as well as that of the Recipient of service is in the taxable territory, shall be the location of the recipient of service.

Rule 9 Place of Provision of SPECIFIED SERVICES

The Place of Provision of following services shall be the location of service provider:- Services provided by Banking Company or a financial Institution, or NBFC, to account

holders. Online Information & database access or retrieval services. Intermediary Services Services consisting of hiring of means of transport, upto a period of one month.

Rule 10 Place of Provision of Goods Transportation Services The place of provision of services of transportation of goods, other than by way of mail or courier, shall be the place of destination of the goods provided that the place of provision of GTA shall be the location of person liable to pay tax.

Rule 11 Place of Provision of Passenger Transportation Service

The Place of Provision of Passenger Transportation Service shall be the place where the passenger Embarks on the Conveyance for a continuous journey

Rule 12 Place of Provision of Service provided on board a conveyance

Place of Provision of Service provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board shall be the first scheduled point of departure of that conveyance for the journey.

Rule 13 Power to notify description of Services or circumstances for certain purposes

In order to prevent double taxation or non taxation of provision of service of a service or for the uniform application of rules, the CG shall have power to notify any description Of service or circumstances in which the place of provision shall be the place of effective use and enjoyment of service.

Rule 14 Order of Application of Rules Notwithstanding anything stated in any rule, where provision of service is prima facie, determinable in terms of more than one rule, it shall be determined in accordance with the rule that occurs LATER among the rules that merit equal consideration.

By:- Ankur Mathur Semi Qualified CA, B.Com (Hons)