1. Presents
Workshop
On
Understanding the Amended Law of Service Tax
Conducted by
Dr. Sanjiv Agarwal
FCA, FCS
Friday, 29th August, 2014 @ New Delhi © Dr. Sanjiv Agarwal
1

2. Session – I
Overview of Service
Taxation
2

3. This presentation covers -
• Origin & concept of Service Tax
• What is Service
• Declared Services
• Negative List
• Exemptions
• Highlights of major changes in Union Budget
2014-15 / Finance Act, 2014
3

4. • India’s 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 @ 4.7%)
• World is presently facing recession-II but Indian economy is still a long term
growth economy
• Inflation – food, lifestyle – growth trigger
• Tax GDP ratio 10.5%; ST contributes to about 13% of total tax revenue and
over one-third of indirect taxes
• Agriculture, services and industry are the major sectors of Indian economy.
Contribution of different sectors in March, 2013 was :
Agriculture 19%
Services 59%
Industry 22%
(@ 57 % in March, 2014) World average @63.6%

6. • Chapter V, VA and VI of the Finance Act, 1994 (section 64 to 114) contains provision
of Service Tax.
• In 1994, Service Tax was introduced by levy on only three services with selective
approach.
• Service Tax is an indirect tax leviable on the provision of service
• Destination based consumption tax recoverable from consumer / recipient.
• 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.
• Selective approach has been shifted to comprehensive approach in 2012
• Upto 30.06.2012, > 120 taxable services [section 65(105)]
• W.e.f. 01.07.2012, all services other than services specified in negative list &
exempted services liable to service tax.
• Negative List (17 in number) specified through statutory provisions – section 66D

7. • Service tax is a tax on activity and is a Value added tax. The value addition
is on account of activity which provides value addition. Service tax is a
value added consumption tax wherein the burden of tax is ultimately borne
by the final consumer and business does not bear the burden of tax. [All
India Federation of Tax Practitioners’ v Union of India (2007) 10 STT 166;
(2007) 7 STR 625 (SC)]
• Sale and service are two different and distinct transactions. The sale entails
transfer of property whereas in service, there is no transfer of property
[Ranchi Club Ltd. v Chief Commissioner of CE&ST, Ranchi (2012) 26 STR 401
(Jharkhand)]
• Service tax is a value added tax , which in turn is a destination based tax on
consumption in the sense that it is levied on commercial activities and it is
not a charge on business but on the consumer. [ Paul Merchants Ltd v CCE,
Chandigarh (2013) 29 STR 257 (Cestat, New Delhi)]

8. Year (March) No of new
services
Total No of
services
Total
collection (Rs.
in crore)
1994 3 3 426
2001 - 26 2612
2005 13 72 14200
2008 7 103 51301
2010 3 112 58422
2012 0 120 97509
2013 - All 132600
2014 - All 164927(RE)
2015 - All 215973 (BE)

9. Tax-GDP Ratio at a Glance

10. Indirect Tax Revenue – At a Glance

11. • The term ‘service’ was not defined in erstwhile law
(upto 30.6.2012)
• The term ‘taxable service’ was defined under section
65(105)
• Each taxable service and definitions related to meaning
of service were defined [clause (a) to (zzzzw)]
• Around 120 definitions were in place
• W.e.f. 1.7.2012, ‘service’ has been defined in section
65B(44)
11

12. ‘Service‘ 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)
12

13. • 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
13

14. 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
14

15. 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”
15

16. 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
16

17. Money- 65B(33)
“Money" means legal tender, cheques, promissory note, bill of exchange,
letter of credit, draft, pay order, traveller cheques, money order, postal or
electronic remittance or any similar instrument but shall not include any
currency that is held for its numismatic value
No service tax on Tax on Money Remittance (Circular No. 163 dated
10.7.2012)
Actionable Claim –Section 3 of Transfer of Property Act, 1882
 Claim to unsecured debts
 Claim to beneficial interest in movable property not in possession of claimant
 Right to insurance claim
 Arrears of rent
Service is an activity carried out by a person for another for consideration and
actionable claim is mere a transaction in money [ Delhi Chit Fund Association v
Union of India (2013) 30 STR 347 ; (2013) 39 STT955 (Delhi)]
17

18. Person-65B(37)
"person" includes,–
• an individual,
• a Hindu undivided family,
• a company,
• a society,
• a limited liability partnership,
• a firm,
• an association of persons or body of individuals, whether
incorporated or not,
• Government,
• a local authority, or
• every artificial juridical person, not falling within any of the above
Government – Not defined
• Section 3(22) of General Clause Act, 1897
• Includes Central/State Government/ Union Territory
• Actions taken in the name of President/ Governor
• Most of services provided by Government are in Negative List
18

19. '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.
Sale of developed plots is a service [Narne Constructions Pvt.
Ltd. v Union of India 2013 (29)STR 3 (SC)]
• 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
19

20. This scope shall not apply to –
• 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
• duties performed by any person who holds any post in pursuance
of the provisions of the Constitution in that capacity; or
• 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.
20

21. For the purpose of scope of service -
• an unincorporated association or a AOP and a member
thereof shall be treated as distinct persons;
• 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.
• 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

22. Draft Circular (F. No. 354 /127/2012-TRU dated 27.7.2012) issued for clarification
on certain activities / facilities / reimbursements to employees by the employers
(a)Treatment of supplies made by the employer to employees
 Amount deducted from salary / paid for service provided by the employer to
employee is for consideration and hence taxable
 Employer who provides some services free of cost (e.g. crèche, gymnasium or
a health club) are not liable to tax
(b) Treatment of reimbursements made by the employer to the employee
Reimbursements of expenditure incurred on behalf of the employer in course of
employment would not amount to a service, hence non-taxable
(c)Treatment of supplies and reimbursements made by the employer to ex-employees/
pensioners
Same tax treatment for ex- employees of the company –
 Reimbursement of expenses on behalf of company – non-taxable ?
 Facilities for consideration – taxable
 Facilities free of cost - non taxable ? 22

23. • Director’s services to the company are taxable w.e.f 1.7.2012
• Sitting fees, commission, bonus, etc. are subject to service
tax
• 1.7.2012 upto 6.8.2012 - deposited by the directors
• From 7.8.2012 -deposited by the company under RCM
• W.e.f. 11.07.2014, services provided by the director of body
corporate are also covered under RCM
• WTDs /MDs /EDs who are under contractual employment with
the company and receive salary or remuneration will not be
covered - considered as employees of the company
23

24. • Partnership firm is not a distinct legal entity apart from the
partners under the Partnership Act, 1932
• Partner is not an employee of the firm -contract of employment
requires two distinct firms, viz., employer and employee
• Partners are the real owners of the assets of firm to the extent of
their share
• Salary paid to partner is only profit known by a different name
• It is only a transaction in money
• Incomes received from firm treated as income from Profits and
Gains of Business or Profession under I T Act, 1961
• Partnership Act, 1932 can not be over-looked
24

25. 25
All services
[section 65B (44)]
Taxable
Declared services
(section 66E)
Taxable
Services covered under negative list of services
(section 66D)
Not Taxable
Services exempt under Mega Notification No.
25/2012-ST dated 20.6.2012
Exempted
Other specified Exemptions Exempted

26. 26
All Services
(including declared Services
(-)
Specific Exclusions
(-)
Negative List Services
(-)
Exemptions
(=)
Taxable Services

27. 27
SERVICE FOR A CONSIDERATION
E - MAGIC TEST
3.
1. Non -
Taxable
territory
(POPS)
Exemptions
(48)
Taxable
2.
Negative
list (17)
E: Employee
M: Money
A: Actionable claim
G: Goods
I: Immovable property
C: Court Fee
9 DECLARED SERVICES

28. W.e.f. 1.7.2012
There shall be levied a tax at the rate of
twelve per cent on the value of all services,
other than those services specified in the
negative list, provided or agreed to be
provided in the taxable territory by one
person to another and collected in such
manner as may be prescribed
28

29. Essential ingredients for charge of Service Tax (Section 66B)
• There should be a service involved.
• Such service should not be one included in the negative list as
defined in section 66D.
• Services should be provided or agreed to be provided.
• Services should be provided in the taxable territory only.
• Services should be provided by one person to another person.
• Tax shall be levied on value of services so provided or agreed to
be provided.
• Collection shall be in prescribed manner [section 68(1) or (2)].
29

30. Provided or agreed to be provided
• Before actual provision of service is made, all relevant information on
chargeable event must be known
• On account advance payment without any identification of services or
activities may not be liable to service tax
• Services which have only been agreed to be provided but are yet to be
provided are taxable
• Receipt of advances for services agreed to be provided become taxable
before the actual provision of service
• Advances retained by the service provider in the event of cancellation of
contract of service by the service receiver become taxable as these
represent consideration for a service that was agreed to be provided.
30

31. 31

32. • Clause 44 of section 65B defines service–it includes a declared service
• What is declared services is defined in section 65B(22) to mean any
activity carried out by a person for another person for a consideration
and declared as such under section 66E of the Act
• There are 9 categories of services or activities as declared services
implying that on all such nine declared services, Service Tax shall be
payable
• Does not include any such transfer, delivery or supply of any goods
which is deemed to be a sale within the meaning of Article 366(29A) of
the Constitution of India
• They are amply covered by the definition of service but have been
declared with a view to remove any ambiguity for the purpose of
uniform application of law all over the country
32

33. Following constitute Declared Services (Section 66E)
• Renting of immovable property;
• Construction of a 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 certificate of completion by a competent authority;
• Temporary transfer or permitting the use or enjoyment of any
33
intellectual property right;
• Development, design, programming, customization, adaptation, up
gradation, enhancement, implementation of information technology
software;

34. • Agreeing to an obligation to refrain from an act, or to tolerate an
act or a situation, or to do an act;
• Transfer of goods by way of hiring, leasing, licensing or any
such manner without transfer of right to use such goods;
• Activities in relation to delivery of goods 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.
34

35. 35

36. 36
What is Negative List
• Defined in new section 66D
• Section 66D specifies seventeen (17 ) broad categories of
services.
• Effective from 1-7-2012
• If an activity meets the characteristics of service , it is
taxable unless specified in Negative List.
• Based on socio-economic–tax criterion

37. 37
(a)Services by Government or a local authority excluding the
following services to the extent they are not covered elsewhere:
(i)Services by the Department of Posts by way of speed post, express
parcel post, life insurance and agency services provided to a person
other than Government;
(ii)Services in relation to an aircraft or a vessel, inside or outside the
precincts of a port or an airport;
(iii)Transport of goods or passengers; or
(iv)Support services, other than services covered under clauses (i) to (iii)
above, provided to business entities;
(b) Service by Reserve Bank of India
(c) Services by a foreign diplomatic mission located in India

38. (d)Service relating to Agriculture or Agricultural Produce by way of -
(i) agricultural operations directly related to production of any agricultural produce including
cultivation, harvesting, threshing, plant protection or seed (omitted w.e.f. 10.5.2013)
testing;
(ii) supply of farm labour;
(iii)processes carried out at an agricultural farm including tending, pruning, cutting, harvesting,
drying, cleaning, trimming, sun drying, 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;
(iv)renting or leasing of agro machinery or vacant land with or without a structure incidental to
its use;
(v)loading, unloading, packing, storage or warehousing of agricultural produce;
(vi)agricultural extension services;
(vii)services by any Agricultural Produce Marketing Committee or Board or services provided by
a commission agent for sale or purchase of agricultural produce

39. (e) Trading of Goods
(f) Any process amounting to manufacture or production of goods
(g)Selling of space or time slots for advertisements in print media other
than advertisements broadcast by radio or television (w.e.f.
1.10.2014)
(h)Service way of access to a road or a bridge on payment of toll
charges
(i) Betting, Gambling or Lottery
(j)Admission to entertainment events and access to amusement
facilities
(k)Transmission or distribution of Electricity by an electricity
transmission or distribution utility

40. (l) Service by way of -
(i) Pre-school education and education up to higher secondary school or equivalent
(ii) Education as a part of a prescribed curriculum for obtaining a qualification
recognized by law for the time being in force;
(iii) education as a part of an approved vocational education course;
(m) Services by way of renting of residential dwelling for use as residence
(n) Services by way of—
(i) extending deposits, loans or advances in so far as the consideration is represented
by way of interest or discount;
(ii) inter se sale or purchase of foreign currency amongst banks or authorised dealers
of foreign exchange or amongst banks and such dealers;

41. o)Services of transportation of passengers with or without accompanied
belongings, by—
(i) a stage carriage;
(ii) railways in a class other than—
(A) first class; or
(B) an airconditioned coach
(iii) metro, monorail or tramway;
(iv) inland waterways;
(v) public transport, other than predominantly for tourism purpose,
in a vessel, between places located in India; and
(vi) metered cabs, radio taxis (w.e.f. 1.10. 2014 ) or auto
rickshaws;

42. (p) services by way of transportation of goods—
(i) by road except the services of—
(A) a goods transportation agency; or
(B) a courier agency;
(ii) by an aircraft or a vessel from a place outside India upto the customs
station of clearance in India ; or
(iii) by inland waterways;
(q) funeral, burial, crematorium or mortuary services including
transportation of the deceased.
42

43. 43

44. • Small Scale Exemption (Notification No. 33/2012-ST dated 20.6.2012)
• Exemption for Exporters/SEZ (Notification Nos. 31 /2012- ST dated
20.6.2012; 39/2012-ST dated 20.6.2012; 41/2012-ST dated 29.6.2012;
42/2012-ST dated 29.6.2012 ; 12/2013-ST dated 01.07.2013 ; 15/2013 – ST
dated 21.11.2013 and 7/2014-ST dated 11.07.2014)
• Exemption to Import of Technology (Notification No. 14/2012-ST dated
17.3.2012)
• Exemption for Services to Foreign Diplomatic Mission (Notification No.
27/2012-ST dated 20.6.2012)
• Exemption to Services by TBI or STEP (Notification No. 32/2012-ST dated
20.6.2012)
• Exemption to Renting of an Immovable Property (Notification No. 29/2012-
ST dated 20.6.2012)
44

45. (Vide mega Exemption Notification No. 25/2012-ST dated
20.6.2012)
• W.e.f. 1.7.2012
• Covers 48 specific exemptions
• Negative List services – not taxable at all ; can be amended
only by Parliament
• Exempted services – taxable but exempt under notification;
can be modified by notification.
45

46. • Services provided to the United Nations or a Specified
international organization
• Health care services by a clinical establishment, an
authorised medical practitioner or para-medics
• Services provided by cord blood banks by way of
preservation of stem cells or any other service in relation to
such preservation ( w.e.f. 17.2.2014)
• Services provided by operators of the Common Bio-medical
Waste Treatment Facility to a clinical establishment by
way of treatment or disposal of bio-medical waste or the
processes incidental thereto (w.e.f. 11.07.2014)
• Services by a veterinary clinic in relation to health care of
animals or birds
46

47. • Services by an entity registered under section 12AA of the
Income tax Act, 1961 by way of charitable activities
• Services by a person by way of-
• renting of precincts of a religious place meant for
general public or
• conduct of any religious ceremony
• Services by a specified organization
(Kumaon Mandal Vikas Nigam Ltd and Haj Committee) in
respect of a religious pilgrimage facilitated by the Ministry of
External Affairs, Government of India, under bilateral
arrangement (w.e.f. 20.08.2014)
47

48. • Services provided by-
(a) an arbitral tribunal to -
(i) any person other than a business entity; or
(ii) a business entity with a turnover up to rupees ten lakh in the preceding
financial year;
(b) an individual as an advocate or a partnership firm of advocates by way of legal
services to,-
(i) an advocate or partnership firm of advocates providing legal services ;
(ii) any person other than a business entity; or
(iii) a business entity with a turnover up to rupees ten lakh in the preceding
financial year; or
(c) a person represented on an arbitral tribunal to an arbitral tribunal
• Services by way of technical testing or analysis of newly developed drugs, including
vaccines and herbal remedies, on human participants by a clinical research
organization approved to conduct clinical trials by the Drug Controller General of
India ( w.e.f. 11.07.2014)
48

49. • Services by way of training or coaching in recreational activities
relating to arts, culture or sports
• Services provided to an educational institution in respect of education
exempted from service tax, by way of - (upto 10.07.2014 )
• auxiliary educational services or
• renting of immovable property
• Services provided (w.e.f. 11.07.2014)
(a) by an educational institution to its students, faculty and staff;
(b) to an educational institution, by way of,—
(i) transportation of students, faculty and staff;
(ii)catering, including any mid-day meals scheme sponsored by the
Government;
(iii)security or cleaning or house-keeping services performed in such
educational institution;
(iv)services relating to admission to, or conduct of examination by,
such institution;
49

50. • Any services provided by - ( W.e.f. 10.09.2013)
(i) the National Skill Development Corporation set up by the Government of India;
(ii) A Sector Skill Council approved by the National Skill Development Corporation;
(iii) an assessment agency approved by the Sector Skill Council or the National Skill Development
Corporation;
(iv) a training partner approved by the National Skill Development Corporation or the Sector Skill Council
in relation to (a) the National Skill Development Programme implemented by the
National Skill Development Corporation; or (b) a vocational skill development course
under the National Skill Certification and Monetary Reward Scheme; or (c) any other
Scheme implemented by the National Skill Development Corporation.
• Services provided to a recognised sports body by—
(a) an individual as a player, referee, umpire, coach or team manager for participation in a
sporting event organized by a recognized sports body;
(b) another recognised sports body

51. • Services by way of sponsorship of sporting events organized—
(a) by a national sports federation or its affiliated federations,
where the participating teams or individuals represent any
district, state, zone or country ( w.e.f. 10.01.2014);
(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;

52. • Services provided to the Government, a local authority or a governmental
authority by way of construction, erection, commissioning, installation,
completion, fitting out, repair, maintenance, renovation, or alteration of -
a) a civil structure or any other original works meant predominantly for use other
than for commerce, industry, or any other business or profession;
b) a historical monument, archaeological site or remains of national importance,
archaeological excavation, or antiquity specified under the Ancient Monuments
and Archaeological Sites and Remains Act, 1958;
c) a structure meant predominantly for use as (i) an educational, (ii) a clinical, or
(iii) an art or cultural establishment;
d) canal, dam or other irrigation works;
e) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii)
sewerage treatment or disposal; or
f) a residential complex predominantly meant for self-use or the use of their
employees or other persons specified in the Explanation 1 to clause 44 of section
65B of the said Act;
52

53. • Services provided by way of construction, erection, commissioning,
installation, completion, fitting out, repair, maintenance, renovation, or
alteration of,-
a) a road, bridge, tunnel, or terminal for road transportation for
use by general public;
b) a civil structure or any other original works pertaining to a
scheme under Jawaharlal Nehru National Urban Renewal Mission
or Rajiv Awaas Yojana;
c) a building owned by an entity registered under section 12 AA of
the Income tax Act, 1961 and meant predominantly for religious
use by general public;
d) a pollution control or effluent treatment plant, except located
as a part of a factory; or
e) a structure meant for funeral, burial or cremation of deceased
53

54. • Services by way of construction, erection, commissioning, or
installation of original works pertaining to,-
a) an airport, port or railways, including monorail or metro;
b) a single residential unit otherwise than as a part of a residential
complex;
c) low- cost houses up to a carpet area of 60 square metres per house in a
housing project approved by competent authority empowered under
the ‘Scheme of Affordable Housing in Partnership’ framed by the
Ministry of Housing and Urban Poverty Alleviation, Government of
India;
d) post- harvest storage infrastructure for agricultural produce including a
cold storages for such purposes; or
e) mechanised food grain handling system, machinery or equipment for
units processing agricultural produce as food stuff excluding alcoholic
beverages
54

55. • Temporary transfer or permitting the use or enjoyment of a copyright
covered under clause (a) or (b) of sub-section 91 of section 13 of the Indian
Copyright Act, 1957, relating to original literary, dramatic, musical,
artistic works or cinematograph films for exhibition in a cinema hall or
cinema theatre(w.e.f. 1.04.2013)
• 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
• Services by way of collecting or providing news by an independent
journalist, Press Trust of India or United News of India
• Services by way of renting of a hotel, inn, guest house, club, campsite, by
whatever name called or other commercial places meant for residential or
lodging purposes, having declared tariff of a unit of accommodation below
rupees one thousand per day or equivalent (w.e.f.11.07.2013)
55

56. • Services provided in relation to serving of food or beverages
by a restaurant, eating joint or a mess, other than those
having (i) the facility of air-conditioning or central air-heating
in any part of the establishment, at any time during
the year, and (ii) a licence to serve alcoholic beverages
(w.e.f.1.04.2013)
• Services provided in relation to serving of food or beverages
by a Canteen maintained in a factory covered under the
Factories Act, 1948, having the facility of air-conditioning or
central air-heating at any time during the year.(w.e.f.
22.10.2013)
56

57. • Services by way of transportation by rail or a vessel from one place in India to
another of the following goods -
a) petroleum and petroleum products falling under Chapter heading 2710 and 2711 of the
First Schedule to the Central Excise Tariff Act, 1985 (w.e.f. 1.04.2013)
b) relief materials meant for victims of natural or man-made disasters, calamities, accidents
or mishap;
c) defence or military equipments;
d) postal mail or mail bags (w.e.f.1.04.2013)
e) household effects (w.e.f.1.04.2013)
f) newspaper or magazines registered with the Registrar of Newspapers;
g) railway equipments or materials;
h) agricultural produce;
i) foodstuff (includes milk) including flours, tea, coffee, jaggery, sugar, milk products, salt
and edible oil, excluding alcoholic beverages; or
j) chemical fertilizer, organic manure and oil cakes ( w.e.f.11.07.2014);
k) cotton, ginned or baled (w.e.f. 11.07.2014)
57

58. • Services provided by a goods transport agency by way of transportation
in a goods carriage of -
a) fruits, vegetables, eggs, milk, food grains or pulses in a goods carriage agriculture produce
(w.e.f. 1.04.2013);
b) Goods, where gross amount charged for the transportation of goods on a consignment
transported in a single goods carriage does not exceed one thousand five hundred rupees; or
c) goods, where gross amount charged for transportation of all such goods for a single consignee
in the goods carriage does not exceed rupees seven hundred fifty;
d) foodstuff including flours, tea, coffee, jaggery, sugar, milk products, salt and edible oil,
excluding alcoholic beverages (w.e.f. 1.04.2013)
e) chemical fertilizer, organic manure ( w.e.f. 11.07.2014) and oilcakes (w.e.f. 1.04.2013) ;
f) newspaper or magazines registered with the Registrar of Newspapers (w.e.f. 1.04.2013) ;
g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or
mishap (w.e.f. 1.04.2013) ;
h) defence or military equipments (w.e.f. 1.04.2013)
i) Cotton, ginned or baled (w.e.f. 11.07.2014)
58

59. • Services by way of giving on hire -
a) to a state transport undertaking, a motor vehicle meant to
carry more than twelve passengers; or
b) to a goods transport agency, a means of transportation of
goods
• Transport of passengers, with or without accompanied
belongings, by —
• air, embarking from or terminating in an airport located in the state of
Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or
Tripura or at Bagdogra located in West Bengal;
• non-air conditioned contract carriage other than radio taxi, (w.e.f. 11.07.2014)
for the transportation of passengers, excluding tourism, conducted tour, charter
or hire; or
• ropeway, cable car or aerial tramway;
59

60. • Services by way of vehicle parking to general public excluding leasing of
space to an entity for providing such parking facility ( w.e.f. 1.04.2013)
• Services provided to Government, a local authority or a governmental
authority by way of -
a) carrying out any activity in relation to any function ordinarily entrusted to a
municipality in relation to water supply, public health, sanitation conservancy, solid
waste management or slum improvement and upgradation; or
b) repair or maintenance of a vessel or an aircraft (w.e.f. 1.04.2013)
• Specified schemes of general insurance business are exempt
• Services of life insurance business provided under following schemes—
a) Janashree Bima Yojana (JBY); or
b) Aam Aadmi Bima Yojana (AABY);
c) life micro-insurance product as approved by the Insurance Regulatory and Development
Authority, having maximum amount of cover of fifty thousand rupees (w.e.f.11.07.2014)
60

61. • Services provided by an incubatee up to a total turnover of fifty lakh rupees
in a financial year subject to the following conditions, namely:—
(a) the total turnover had not exceeded fifty lakh rupees during the
preceding financial year; and
(b) a period of three years has not been elapsed from the date of entering
into an agreement as an incubatee;
• Service by an unincorporated body or a non- profit entity registered under
any law for the time being in force, to its own members by way of
reimbursement of charges or share of contribution -
a) as a trade union;
b) for the provision of carrying out any activity which is exempt from the
levy of service tax; or
c) up to an amount of five thousand rupees per month per member for
sourcing of goods or services from a third person for the common use
of its members in a housing society or a residential complex
61

62. • Services by the following persons in respective capacities -
a) sub-broker or an authorised person to a stock broker;
b) authorised person to a member of a commodity exchange;
c) mutual fund agent to a mutual fund or asset management company;
d) distributor to a mutual fund or asset management company;
e) selling or marketing agent of lottery tickets to a distributer or a
selling agent;
f) selling agent or a distributer of SIM cards or recharge coupon
vouchers;
g) business facilitator or a business correspondent to a banking
company or an insurance company, in a rural area; or
h) sub-contractor providing services by way of works contract to
another contractor providing works contract services which are
exempt;
62

63. • Carrying out an intermediate production process as job work in relation
to -
a) agriculture, printing or textile processing;
b) cut and polished diamonds and gemstones; or plain and studded jewellery of gold
and other precious metals, falling under Chapter 71 of the Central Excise Tariff
Act, 1985
c) any goods on which appropriate duty is payable by the principal manufacturer;
d) processes of electroplating, zinc plating, anodizing, heat treatment, powder
coating, painting including spray painting or auto black, during the course of
manufacture of parts of cycles or sewing machines upto an aggregate value of
taxable service of the specified processes of one hundred and fifty lakh rupees in
a financial year subject to the condition that such aggregate value had not
exceeded one hundred and fifty lakh rupees during the preceding financial year;
• Services by an organizer to any person in respect of a business exhibition
held outside India
• Services by way of slaughtering of [bovine omitted by N. No. 44/2012- ST]
animals;

64. • Services by way of making telephone calls from —
a) departmentally run public telephone;
b) guaranteed public telephone operating only for local calls; or
c) free telephone at airport and hospital where no bills are being issued;
• Services received from a provider of service located in a non- taxable
territory by -
a) Government, a local authority, a governmental authority or an
individual in relation to any purpose other than commerce, industry or
any other business or profession;
b) an entity registered under section 12AA of the Income tax Act, 1961 (43
of 1961) for the purposes of providing charitable activities; or
c) a person located in a non-taxable territory
• Services of public libraries by way of lending of books, publications or any
other knowledge- enhancing content or material

65. • Services by Employees’ State Insurance Corporation to persons governed
under the Employees’ Insurance Act, 1948;
• Services by way of transfer of a going concern, as a whole or an
independent part thereof
• Services by way of public conveniences such as provision of facilities of
bathroom, washrooms, lavatories, urinal or toilets;
• Services by a governmental authority by way of any activity in relation to
any function entrusted to a municipality under article 243 W of the
Constitution
•Services received by RBI from outside India in relation to FOREX
management (w.e.f. 11.07.2014)
•Tour operator service to foreign tourist for tour wholly outside India (w.e.f.
11.07.2014)
65

66. • Tax –GDP ratio expected to be 10.5 percent in FY 2014-15 (marginal increase)
• No changes in Service Tax rate
• Hints at time line for GST and legislative changes in December 2014 and GST
66
expected in 2015-16; no date announced
• Reverse charge provisions amended / expanded
• Definition of intermediary to include intermediary of goods in its scope.
• Place of Provision of Service Rules amended so as to reduce tax incidence on
transport of goods through coastal vessels to promote Indian shipping industry.
• POT for reverse charge will be the payment date or the first day that occurs
immediately after a period of 3 months from the date of invoice, whichever is
earlier.
• Abatement in respect of transport of goods by vessel increased from 50% to
60%.
• Rate of interest increased upto 30 percent w.e.f 01.10.2014 based on period of
delay.

67. • Renting of motor vehicle – service recipient and service provider, both to pay
50% each under reverse charge instead of 60 : 40 (change w.e.f 01.10.2014)
• Under works contract services, value of service portion in repair, maintenance
or reconditioning or restoration or servicing activities increased from 60% to
70% by merging two categories
• E-payment of service tax made mandatory for all assessees from 1.10.2014.
Relaxation permitted by discretion of the DC /AC on case to case basis.
• Resident Private Limited Company eligible to make an application for Advance
67
Ruling.
• Retrospective exemption to ESIC on the services provided prior to 1.07.2012
• Certain provisions of CEA made applicable to ST (15A, 15B) – obligation to
furnish information and consequences for not doing so
• Procedural simplication in exemption to SEZ developer / unit
• SCN’s to be adjudicated within stipulated time

68. HIGHLIGHTS OF MAJOR CHANGES IN
FINANCE ACT, 2014
• No more stay application as mandatory fixed pre-deposit of 7.5% and 10% of
the duty, in case where duty or duty and penalty are in dispute, or penalty,
where such penalty is in dispute imposed or both, for filing of appeal at first
/ second stage appeal has been prescribed
• Ceiling for mandatory pre-deposit fixed at 10 crore rupees.
• Section 80 benefit not to be applicable for serious offences
• Cenvat Credit shall be taken within six months from the date of the invoice
or challans or other documents specified (change w.e.f 01.09.2014)
• Cenvat credit allowable when Service tax paid under full reverse charge
without waiting for the payment of invoice value to the service provider.
• Service tax paid by sub-contractor in the same line of business would be
allowed as eligible credit to the main service provider to avoid double
taxation, subject to certain conditions (change w.e.f 01.10.2014)

69. 69
GST: A Common Tax
on
Goods Services

70. •Need to find a solution to issue of surrendering tax jurisdiction by
States
•Consensus on CST compensation to be emphasized (States want a 5
year relief for loss due to reduction in CST rate)
•Constitutional Amendment Bill, 2011- Report of Standing Committee
received; legislative scheme to be introduced
•Tussle between legal powers / administrative powers.
•No clear road map and commitment on time lines on GST
implementation
•Hope for consensus in next few months and GST being introduced in
2015-16
•Phased roll out of GST likely

71. •Time to wrap up loose ends
•Consensus required at Empowered Committee on GST to abolish small taxes
•States want octroi / entry tax not to be subsumed in GST
•Agreement on dropping Dispute Settlement Body
•States may be empowered to raise GST rates in case of distress (flexibility in
tax rate)
•Inclusion / exclusion of alcohol / petroleum products to be decided
•Revenue sharing mechanism to be rationalized
•Composition scheme likely, besides threshold exemption ( may be Rs. 10 Lakh)
•What could be a suitable GST rate?
•Need for drafting a GST Law by States and Centre

72. 72