Copyright :
CA. Amish Khandhar, Ahmedabad
Price : ` 100/Published By :
KMS Advisory Services Pvt. Ltd.
3rd Floor, Devpath Complex, B/h. Lal Bunglow, Off C. G. Road, Ahmedabad - 380 006.
Tel. : 079-2646 1526, 6631 5450/51/52/53
First Edition
Tenth Edition
: March, 2006
: June, 2015
Type Setting
Printed by
Disclaimer :
All efforts have been made to avoid errors or omissions in this book. However, errors may happen. Neither the
publishers, nor the authors or sellers will be responsible for any damage or loss of action to any one, of any kind, in any
manner.
No part of this book may be reproduced or copied in any form or by any form or by any means without the written
permission of the publishers.
All disputes are subject to Ahmedabad Jurisdiction only.
Note from Publisher :
With multiple laws and complex compliance requirements, one has to keep referring to several publications and web
sites. This book is an attempt to bring several areas of legal compliance at a single place in a very simple and easy
manner.
We are sure our readers will benefit from this useful compilation.
We welcome your comments at amish@kmsindia.in
2011-12
2012-13
2013-14
2014-15
2015-16
(Estimated)
8,89,176
10,36,234
11,38,734
12,51,391
14,49,491
Corporation Tax
3,22,816
3,56,326
3,94,678
4,26,079
4,70,628
Income Tax
1,70,342
2,01,486
2,42,857
2,78,599
3,27,367
Customs
1,49,328
1,65,346
1,72,085
1,88,713
2,08,336
Central Excise
1,45,608
1,76,535
1,70,197
1,85,480
2,29,809
97,509
1,32,601
1,54,778
1,68,132
2,09,774
Service Tax
Index
1.
2.
Rate of Interest................................................................4
3.
4.
5.
6.
7.
8.
9.
Table of Abatements..........................................................8
1
Period
Rate of Tax
01-07-1994 to 13-05-2003
5%
14-05-2003 to 09-09-2004
8%
10-09-2004 to 17-04-2006
10.20%
(ST+EC )
18-04-2006 to 10-05-2007
12.24%
(ST+EC )
11-05-2007 to 23-02-2009
24-02-2009 to 31-03-2012
01-04-2012 to 31-05-2015
01-06-2015 onwards
14%
(ST)
EC
= Education Cess
SHEC = Secondary and Higher Education Cess
Rates of Interest
Period
Rate of Interest
01-07-1994 to 15-07-2001
16-07-2001 to 15-08-2002
24% p.a.
16-08-2002 to 09-09-2004
15% p.a.
10-09-2004 to 31-03-2011
13% p.a.
01-04-2011 to 30-09-2014
18% p.a.
15% p.a.
(for assessees having turnover upto Rs.60 Lakhs)
18% p.a.
24% p.a.
30% p.a.
01-10-2014 onwards*
* 3% concession in interest rate for assessees having turnover upto Rs.60 Lakhs
3
Period
Rate of Tax
01-06-2007 to 28-02-2008
2.06%
01-03-2008 to 31-03-2012
4.12%
01-04-2012 to 30-06-2012
4.944%
01-07-2012 to
30-09-2014
01-10-2014 to
30-05-2015
01-06-2015
Onwards
12.36%
12.36%
14%
4.944%
5.60%
8.652%
9.80%
On Total Amount - if
a)
Original Works
4.944%
b)
Maintenance/Repair/Reconditioning
8.652%
of any goods
c)
7.416%
Maintenance/Repair/Completion &
finishing services of immovable property
4
Period
01-07-1994 to 31-03-2005
No Limit
01-04-2005 to 31-03-2007
Rs. 4 Lakhs
01-04-2007 to 31-03-2008
Rs. 8 Lakhs
01-04-2008 onwards
Rs. 10 Lakhs
5
Sr.
No.
1.
2.
Nature of
Services
Life insurance
New Rate
3.5% of gross amount of premium charged from Policy holder in
1st year.
1.75% of gross amount of premium charged from Policy holder in
subsequent years.
Sale or
Gross amount of
purchase of
currency exchanged
foreign currency upto Rs. 1,00,000/-
3.
Distributor or
selling agent of
lotteries
4.
(w.e.f. 01-06-2015)
To be Filed by
25th October
25th April
Due Date for Return filing for Input Service Distributor (ISD)
To be Filed by
31st October
30th April
7
Non Body Corporate
Quarter
Due Date
1st April
to 30th June
6th July
1st July
to 30th September
6th October
1st October
to 31st December
6th January
31st March
Body Corporate
Month
Due Date
Month
Due Date
Month
Due Date
April
6th May
Aug.
6th Sept.
Dec.
6th Jan.
May
6th June
Sept.
6th Oct.
Jan.
6th Feb.
June
6th July
Oct.
6th Nov.
Feb.
6th March
July
6th Aug.
Nov.
6th Dec.
March
31st March
8
Sr.
No.
Liability
When and
by whom
Time Period
1. Service Tax
Registration
ST-1
2.
ST-2
3.
4.
5.
6.
7.
Form
ST-3
ST-4
ST-5
ST-6
ST-7
9
Sr. No.
of Noti.
26/2012
1.
2&3
4.
(01-04-2015 to 31-05-2015)
Abatement
Effective
Rate
90%
70% #
30% *
1.236%
3.708%
8.652%
60% **
40% **
40% **
4.944%
7.416%
7.416%
70% #
60% @
60% #
60% #
70% #
3.708%
4.944%
4.944%
4.944%
3.708%
75%
90%
60%
70%
$
$
$
^
3.09%
1.236%
4.944%
3.708%
75% ^
70% ^
3.09%
3.708%
60% ^
30% ^
30% ^
4.944%
8.652%
8.652%
60% *
40% *
4.944%
7.416%
(including hotel, convention center, club, pandal, shamiana or any other place,
specially arranged for organizing a function) together with renting of such premises
5.
6.
7.
9.
9A.
10.
11.
Service Tax
(Determination of
Value) Rules, 2006
12.
*
**
#
^
@
CENVAT credit on any goods classifiable under Chapters 1 to 22 (food articles) of the Central Excise Tariff Act has not been availed.
CENVAT credit on inputs and capital goods has not been availed.
CENVAT credit on inputs, capital goods and input services has not been availed.
CENVAT credit on inputs used for providing the taxable service has not been availed.
CENVAT credit on inputs, capital goods, input services has not been availed. [CENVAT credit of input service of Renting of Motor cab
can be availed by service provider in similar line of business subject to a max. of 40% of the service tax of the value of service received].
$ CENVAT credit on inputs, capital goods, input services has not been availed.. [CENVAT credit of input service of Tour Operator can
be availed. by service provider in similar line of business].
Note : To avail abatement in Entry No. 12, value of land must be included in the amount charged.
1.
2&3
4.
(w.e.f. 01-06-2015)
Abatement
Effective
Rate
90%
70% #
30% *
1.40%
4.20%
9.80%
60% **
40% **
40% **
5.60%
8.40%
8.40%
70% #
60% @
60% #
60% #
70% #
4.20%
5.60%
5.60%
5.60%
4.20%
75%
90%
60%
70%
$
$
$
^
3.50%
1.40%
5.60%
4.20%
75% ^
70% ^
3.50%
4.20%
60% ^
30% ^
30% ^
5.60%
9.80%
9.80%
60% *
40% *
5.60%
8.40%
(including hotel, convention center, club, pandal, shamiana or any other place,
specially arranged for organizing a function) together with renting of such premises
5.
6.
7.
9.
9A.
10.
11.
Service Tax
(Determination of
Value) Rules, 2006
12.
*
**
#
^
@
CENVAT credit on any goods classifiable under Chapters 1 to 22 (food articles) of the Central Excise Tariff Act has not been availed.
CENVAT credit on inputs and capital goods has not been availed.
CENVAT credit on inputs, capital goods and input services has not been availed.
CENVAT credit on inputs used for providing the taxable service has not been availed.
CENVAT credit on inputs, capital goods, input services has not been availed. [CENVAT credit of input service of Renting of Motor cab
can be availed by service provider in similar line of business subject to a max. of 40% of the service tax of the value of service received].
$ CENVAT credit on inputs, capital goods, input services has not been availed.. [CENVAT credit of input service of Tour Operator can
be availed. by service provider in similar line of business].
Note : To avail abatement in Entry No. 12, value of land must be included in the amount charged.
10
Sr.
Description of a Service
No.
1.
NIL
100%
business
2.
NIL
100%
3.
NIL
100%
NIL
100%
5.
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
NIL
100%
business entity
6.
7.
8.
9.
* The service provider should be an Individual / HUF / Partnership Firm / AOP/LLP; and service recipient should be a body corporate.
10
11
Sr.
1.
2.
3.
4.
Service Tax
Payable by
Notes
Service
Provider
Description of a Service
No.
(w.e.f. 01-07-2012)
Service Tax
Payable by
Service
Receiver
NIL
100%
60%
50%
25%
40%
50%
75%
50%
25%
50%
75%
NOTES :
1.
(a) The service provider should be an Individual / HUF / Partnership Firm / AOP/LLP; and
(b) The service recipient should be a body corporate.
2.
In case of services of renting of a motor vehicle, the service recipient should be any person who is not engaged in
similar line of business.
12
Category of
Particulars
Person
Service
Provider
Service
Receiver
Non - Body
Corporate
Body
Corporate
Non - Body
Corporate
Body
Corporate
Service Receiver
Non - Body
Corporate
Body
Corporate
Non - Body
Corporate
Body
Corporate
NA
NA
NO
YES
NA
NA
NO
NO
NO
NO
NA
NA
YES
NO
NA
NA
Non - Body Corporate = Individual / Firm / Trust / AOP / BOI / Society / LLP
11
13
Service
Completed on
Invoice
Issued on
Payment
Received on
Point of
Taxation
1.
01-07-2012
10-07-2012
10-08-2012
10-07-2012
2.
01-07-2012
10-08-2012
10-09-2012
01-07-2012
3.
01-07-2012
05-06-2012
10-08-2012
05-06-2012
4.
01-07-2012
05-06-2012
05-05-2012
05-05-2012
5.
01-07-2012
05-06-2012
10-06-2012
05-06-2012
Date of entry
in Books of
Accounts
1.
01-07-2012
10-07-2012
01-07-2012
2.
31-03-2012
05-04-2012
31-03-2012
3.
31-03-2012
06-04-2012
06-04-2012
Date of credit
Date of
in Bank
Payment as
Accounts
per PoTR 2011
Remarks
Payment
made on
Point of
Taxation
1.
30-09-2014
2.
30-09-2014
3.
30-07-2014
4.
30-07-2014
Remarks
Invoice date : on or after 01-10-2014
Payment within
POT
3 months
Yes
Date of Payment
Date following
No
period of 3 months
Invoice date : before 01-10-2014
Payment within
POT
6 months
Date of Payment
Yes
No
12
Date of invoice
Penalties
14
Section
70
Nature of default
Amount of penalty
76
76
Rs. 500
Rs. 1000
Rs. 1000 + Rs. 100 for each day but
not exceeding Rs. 20,000
1% of the tax p.m. or Rs. 100 per day
limited to 50% of tax
Max. 10% of Service Tax Amt.
Nil if Service Tax + Interest paid
within 30 days of Service of SCN
25% of penalty if Service Tax
+ Interest + Penalty paid within
30 days of receipt of order
Upto Rs. 10,000
Upto Rs. 10,000
Upto Rs. 10,000 or Rs. 200 per
day till failure, whichever is
higher.
78A
13
15
Nature of Offence
Knowingly evades payment of Service Tax or wrong Second and subsequent Any Amount
availment of CENVAT, maintain false books etc.
Collects Service Tax but does not pay within First Time offence
6 months
Penalty
Imprisonment
up to 3 years
Any amount
Imprisonment
up to 1 year
Imprisonment
up to 7 years
Section 91: If Commissioner of Central Excise (CCE) has reason to believe that any person has committed offence and where the
amount exceeds Rs. 50 Lakhs, then CCE may authorize any officer not below the rank of Superintendent to arrest such person.
16
(w.e.f. 06-08-2014)
Filing of Appeal
Duty or (Duty + Penalty)
Only Penalty
1.
2.
Additional 2.5%
of the Penalty
Filing of Appeal
Duty or (Duty + Penalty)
Only Penalty
NIL
NIL
14
17
(w.e.f. 01-07-2012)
Rule No.
Rule : 3
General Rule
Particulars
General Rule
Place of Provision
Location of Service Recipient
If goods
required to be made Location where service is
physically available, by the service actually performed
receiver to the service provider
If services are provided from a remote Location of the Goods
location by electronic means
S e r v i c e i n r e s p e c t o f g o o d s Location of service receiver
temporarily imported into india for
repairs and exported without being put
to any use [w.e.f. 01-10-2014]
Service requires Physical Presence of Location where service is
the service receiver or a person acting actually performed
on behalf of the service receiver
Rule : 5
Services related
to Immovable
Property
Rule : 6
Services related
to Events
Rule : 7
Services provided
at more than one
location
Rule : 8
Provider and
recipient are
located in Taxable
territory
15
Rule No.
Particulars
Place of Provision
Banking Company,
Financial Institution,
NBFC - To account holders
ii) Online information,
DB Access, Data Retrieval
iii) Intermediary Services*
iv) Hiring means of transport upto
one month including yachts, but
excludes aircrafts & vessels
[w.e.f. 01-10-2014]
Rule : 11
Passenger
Transport Service
Passenger Transportation
Rule : 12
Service provided
on board a
conveyance
Rule : 13
Power to notify
description /
circumstances
Rule : 14
Order of
Application of
Rules
Rule : 9
i)
Specified Services
Rule : 10
Goods Transport
Service
-----
* "intermediary" means a broker, an agent or any other person, by whatever name called, who
arranges or facilitates a provision of a service (hereinafter called the 'main' service) or a supply of
goods, between two or more persons, but does not include a person who provides the main service or
supplies the goods on his account. [w.e.f.01-10-2014]
16
18
CENVAT Credit on
Input Service Invoices
YES
YES
CENVAT Credit
availed remains valid
NO
NO
CENVAT Credit can be availed
Payment is done to vendor
within 90 Days of Date of Invoice
NO
CENVAT Credit availed has to be reversed
Payment is done to vendor
within 1 year from the date of Invoice
YES
CENVAT Credit can be availed
again on the date of payment
19
Filing Fees
Rs. 1,000
Rs. 5,000
Rs.10,000
17
20
Sr.
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
18
N.A.
Yes
Yes
N.A.
Yes
N.A.
Yes
N.A.
N.A.
Yes
Yes
Yes
Yes
N.A.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
No
No
Yes
1
1
2
No
No
Yes
Yes
No
No
No
No
2.
Cenvat credit of above input services (Sr. No. 13 & 14) are available, if it is used for
providing,
a)
Construction Services
b)
Cenvat Credit of the above input service (Sr. No. 15 & 17) are available for the
following output services subject to the condition that Motor Vehicle is registered in the
name of Output Service Provider .
2A. Output Services, for which Motor Vehicle designed for transportation of goods is a
capital Good (*):
a)
b) Service of transportation of inputs and capital goods used for providing an output
service
c)
2B. Output Services, for which Motor Vehicle designed to carry passengers is a capital
Good (*):
3.
a)
b)
c)
Cenvat credit of the above specified service (Sr. No. 16) is available even if the Motor
Vehicle is not Capital Goods as the definition of Capital Goods, when the above
services used by:
a) A Manufacturer of a Motor Vehicle in respect of Motor Vehicle manufactured by
such person ; or
b) An insurance company in respect of a motor vehicle insured or reinsured by such
person.
4.
Services covered :
a)
Outdoor Catering
b)
Beauty treatment
c)
Health Service
d)
e)
Membership of club
f)
g)
Life Insurance
h)
Health Insurance
i)
19
21
Sr.
No.
SubEffective
Clause
Date
No.
Category of Service
Accounting Codes
Tax
Interest
Advertising Agency
Airport Services
zzm
Architect Services
zzzzc
zzzk
Auctioneer's Services
zzzr
zo
16-07-2001
01-07-2003
zm
00440181 00440182
10 Forex Broking
zzk
zq
12 Broadcasting Services
zk
zzb
zzo
zzzq
zs
zr
zzzd
zzze
zzq
zzc
zzzh
25 Convention Services
zc
zzzzk
27 Courier Services
zzzw
20
Sr.
No.
SubEffective
Clause
Date
No.
Category of Service
Accounting Codes
Tax
Interest
30
31
Design Service
zzzzd
32
zzzzb
33
Dredging Services
zzzb
34
zt
35
zzd
36
zu
37
zv
38
zzy
39
Franchise Services
zze
40
zzzzn
41
42
zzp
43
zw
44
zzzzo
zzzze
zl
zy
zzr
Establishments
45
46
47
48
49
50
51
Internet Cafe
52
53
zzzzf
zzzo
zzf
zzzu
Under ULIP
zzzzm 01-09-2009 00440480 00440483
54
55
zx
56
zzzg
57
zzzzp
58
59
zzg
21
Sr.
No.
SubEffective
Clause
Date
No.
Category of Service
Accounting Codes
Tax
Interest
60
Mandap Keeper
61
62
63
Mining Services
zzzy
64
zh
65
zzs
66
zzt
67
Packaging Activities
zzzf
68
zzw
69
Photogaphy Services
zb
70
zn
71
zzl
72
73
74
75
zzzzq
zzzs
zz
Events, ect.
76
77
78
79
zzzl
80
Registrar to an Issue
zzzi
81
82
zzzz
83
za
84
zzzzr
85
86
zzzzv
87
zzzzs
88
zzzzt
zzzzu
zzzj
89
Development of Complexes
90
22
Sr.
No.
SubEffective
Clause
Date
No.
Category of Service
Accounting Codes
Tax
Interest
91
zzzt
92
Short-term accommodation
zzzzw
93
zzza
94
zj
95
zzzm
96
Sponsorship Services
zzzn
97
Steamer Agent
98
Stock Broker
99
Stock Exchange
zzzzg
zzzzh
zzzzi
zza
zzzzj
zzv
zzzc
zzi
zzh
zzzx
zzu
zzzzl
zzn
zzzp
zzz
zzzv
zzx
zi
zzzza
00440298 00440299
00440426 00440427
23
ADVISORY SERVICES
Indirect Taxation Consultancy
Service Tax
- Opinion Regarding Applicability
- Filing of Returns
- Preventive Matters
- DGCEI Raid Matters
- Service Tax Audit
Excise & Customs
GVAT & CST
Goods & Service Tax (GST)
Impact Analysis of GST
Due Diligence
Sector Specific Structuring