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By
Sukumar
Mukhopadhyay
Member, Central Board of Excise &Customs
(rtd)
BASIC
EXEMPTION
The
small service provider exemption is
increased to Rs.8 lakhs from Rs.4
lakhs. About two lakh service providers
may benefit.
RATE
OF TAX
There
is no change in the service tax rate
of 12%.
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EDUCATION
CESS
In
addition to the present levy of 2% Education
Cess, Secondary and Higher Education Cess on
taxable services at the rate of one per cent.,
calculated on the tax which is levied and collected
under section 66 of the Finance Act, 1994.
NEW
SERVICES
Telecommunication
services. Definition of Leased Circuit, subscriber
in relation to telephone connection and pager,
communication through telegraph, communication
through telex and facsimile (FAX) communication
and definition of taxable service in relation
to these services omitted consequent to inclusion
under Telecommunication services
Service in relation
to mining
of mineral, oil or gas
Service in
relation to renting
of immovable property for use in the course
or furtherance of business or commerce
Service in relation
to the execution of a works contract. Assesses
can opt to pay at 2% on total contract value
Development and supply of content or retrieval
services
Asset management
service
Design services
SCOPE
OF TAXABLE SERVICES WIDENED
Banking and Other
Financial Services –
The expression ", but does not include
cash management" omitted from sub clause
(v) relating to Asset Management
Maintenance or
Repair -
Explanation inserted to clarify that that for
the purposes of this clause, "goods"
includes computer software;
Management or
Business Consultant
– Service renamed to include business consulting
Mandap Keeper
- Explanation
inserted to include marriages under social functions
Pandal or Shamiana
- Explanation
inserted to include marriages under social functions
EXEMPTIONS
Club or Association
Services -
Exemption to taxable services, provided by a
resident welfare association where the total
consideration received from an individual member
does not exceed three thousand rupees per month.
Exemption to service
in relation to delivery of the content of a
cinematograph film, content of which is in digitised
form and is transmitted directly to a cinema
theatre for exhibition through the use of satellite,
microwave or terrestrial communication line
and not by any physical means including CD and
DVD
Exemption to service
provided by a Clinical Research Organization
approved to conduct clinical trials by the Drugs
Controller General of India, in relation to
testing and analysis of newly developed drugs,
including vaccines and herbal remedies, on human
participants so as to ascertain the safety and
efficacy of such drugs on human participants.
Exemption to taxable
services provided by an entrepreneur located
within the premises of a Technology Business
Incubator (TBI) or Science and Technology Entrepreneurship
Park (STEP) recognized by the National Science
and Technology Entrepreneurship Development
Board (NSTEDB) of the Department of Science
and Technology Government of India subject to
the conditions specified.
Exemption to all
taxable services, provided by a Technology Business
Incubator (TBI) or a Science and Technology
Entrepreneurship Park (STEP) recognized by the
National Science and Technology Entrepreneurship
Development Board (NSTEDB) of the Department
of Science and Technology, Government of India,
subject to conditions specified.
EXPORT
OF SERVICES
Export of Services
Rules, 2005 Rule 3(2) –
conditions for treating a service provided as
export of service - Sub rule substituted. (
substantial amendment is in sub clause (a) which
reads as "such service is provided from
India and used outside India" for "such
service is delivered outside India and used
outside India")
PAYMENT
OF TAX
Adjustment in
subsequent period of Excess of Payment of Service
Tax subject to conditions
FILING
OF REVISED RETURNS
An assessee may
file revised return within 60 days of filing
of original return
DELAYED
RETURNS ATTRACT LATE FILING FEE
Returns filed
beyond the due date to attract late not exceeding
Rs.2000/-
OTHER
AMENDMENTS
Section 83 -
Application of Certain Provisions Central
Excise Act – Provisions of Section 14AA
- Special audit in cases where credit of duty
availed or utilised is not within the normal
limits, etc. and "38A - Effect of amendments,
etc., of rules, notifications or orders."
, made applicable to service tax.
Section
96-A - Advance Rulings – Definitions – Explanation
inserted defining "Joint Venture"
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