Applicability of Service Tax 2012

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  • 8/13/2019 Applicability of Service Tax 2012

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    FH/1/2012

    March 30, 2012

    The Managing Director/CEO/Director/Partner/General Manager

    All FHRAI Members

    CC: All Members of the Executive CommitteeAll Regional Associations

    President FHRAI

    Sub: Clarification on Applicability of Service Tax w.e.f. 1stApril, 2012

    Dear Sir/Madam,

    Greetings from FHRAI!!

    This is further to our email of 29th

    March, 2012 on the above captioned subject.

    As members are aware, in the Finance Bill 2012-13, the rate of Service Tax has been

    increased from 10% to 12%. The net rate of Service Tax would be 12.36% i.e. 12% ServiceTax +3% Cess (2% Education Cess and 1% Higher Education Cess) and would be effective

    from 1stApril, 2012.

    Abatement:

    The abatement available for hotels (room) is 50% and Restaurants (A/c Restaurant having

    licence to serve the liquor) 70%. It means the hotels having room Tariff of Rs. 1000/- andabove has to pay the Service Tax on 50% of Room Tariff @ 12.36% (the net rate of Service

    Tax comes to 6.18%).This would come into force from 1stApril, 2012.

    For A/c restaurants (having Licence to Service the Liquor) the Service Tax is applicable on

    30% of the Bill @ 12.36% (the net rate of Service Tax comes to 3.708%). This would come

    into force from 1stApril, 2012.

    Members may please recall that Hotels/Restaurants/clubs are covered under Mandap Keepers

    for holding social functions such as marriage, conferences and seminars where substantial

    food is served. It attracts the Service Tax @ 12.36%. There is abatement of 40%. It meansthe Service Tax is applicable on the 60% of the total bill or the net rate of Service Tax comes

    to 7.416%. This would come into force from 1stApril, 2012.

    Please note that the abatement for hotels/restaurants/Mandap Keepers has been proposed toreduce in the Union Budget 2012-13, as per details given below:

    Service Description Applicable w.e.f. Proposed abatement

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    1st April 2012 (reduced) in the UnionBudget 2012-13 (would

    not be effective till the

    Finance Bill 2012 is

    passed)

    PresentAbatement

    ServiceTax

    @12.36%

    ProposedAbatement

    ServiceTax

    @12.36%

    Hotels -Room Rent

    (Having tariff of Rs.1000/- and above)

    50% 6.18% 40% 7.416%

    A/c Restaurants(

    Having Licence to serve

    the liquor)

    70% 3.708% 60% 4.944%

    Mandap Keeper 40% 7.416% 30% 8.65%

    This is for your information please.

    With best wishes,

    Yours sincerely,

    M D Kapoor

    Secretary General________________________________________________The Federation of Hotel & Restaurant Associations of IndiaRegd.Office: B-82, 8th Floor, 23 K.G. Marg, New Delhi - 110001Tel: 011-40780780 Fax: 40780777Email:[email protected] Website:www.fhrai.com

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