Tuesday, 8 September 2015
Thursday, 28 May 2015
SERVICE TAX Effective Service Tax Rates applicable from 01/06/2015 -
Sr No.
|
Taxable
service
|
Taxable Value
|
New
Rate w.e.f. 01/06/2015
|
Condition
|
1
|
Financial
leasing including hire purchase
|
10%
|
1.4%
|
NIL
|
2
|
Transport of
goods by rail
|
30%
|
4.2%
|
NIL
|
3
|
Transport of
passengers with or without accompanied belonging by rail
|
30%
|
4.2%
|
NIL
|
4
|
Supply of
food or any other article of human consumption or any drink, in a
premises (including hotel, convention center, club, pandal, shamiana or any
place specially arranged for organizing a function) together with renting of
such premises
|
70%
|
9.8%
|
Note(i)
|
5
|
Transport of
passengers by air, with or without accompanied belongings
|
40%
|
5.6%
|
Note(ii)
|
6
|
Renting of
hotels , inns, guest houses, clubs, campsites, or other commercial places
meant for residential or lodging purposes
|
60%
|
8.4%
|
Note(ii)
|
7
|
Services of
goods transport agency
|
30%
|
4.2%
|
Note(iii)
|
8
|
Renting of
any motor vehicle designed to carry passengers
|
40%
|
5.6%
|
Note(iii)
|
9
|
Transport
of goods in vessel
|
30%
|
4.2%
|
Note(iii)
|
10
|
(i)
Tour service –package tour
|
25%
|
3.5%
|
Note(iii)&(iv)
|
(ii)
Tour service –service solely of arranging or booking
accommodation for any person in relation to a tour
|
10%
|
1.4%
|
Note(iii),
(v)&(vi)
|
|
(iii)
Tour service – simple tour services
|
40%
|
5.6%
|
Note(iii)&(iv)
|
|
11
|
Construction
of a complex , building, civil structure or a part thereof, intended for a
sale to a buyer, wholly or partly
|
|||
(i)
for a residential unit having carpet area upto 2000 square feet and the
amount charged is less than rupees one crore
|
25%
|
3.5%
|
Note
(vii)&(viii)
|
|
(ii)
for other than (i) above
|
30%
|
4.2%
|
Note
(vii)&(viii)
|
|
Note:
(i) cenvat credit on any goods
classifiable under chapters 1to22 of Central Excise Tariff
Act,1985 used for providing the taxable service, has not been taken.
(ii) cenvat credit on inputs and capital
goods, used for providing the taxable service , has not been taken .
(iii) cenvat credit on inputs,
capital goods and input services , used for providing the taxable service, has
not been taken .
(iv) The bill issued for this purpose
indicates that it is inclusive of charges for such a tour.
(v) The invoice bill or challan issued indicates that it is towards the charges for such
accommodation.
(vi) This exemption shall not apply in such
cases where the invoice, bill or challan issued by the tour operator, in
relation to a tour, only includes the service charges for arranging or booking
accommodation for any person and does not include the cost of such
accommodation.
(vii) Cenvat credits on inputs used for
providing the taxable service has not been taken.
(viii) The value of land is included in the
amount charged from the service receiver.
Sr no
|
Taxable
service
|
Taxable
Portion of Total Value
|
Effective
Rate
|
12
|
Types of
works contracts
|
||
(i) Execution
of original works
|
40%
|
5.6%
|
|
(ii) In cases
not covered above including maintenance or repair or reconditioning or
restoration or servicing or any goods
|
70%
|
9.8%
|
|
(iii)Other
works including maintenance, repair , completion and finishing services such
as glazing , plastering, floor and wall tilling , installation of electrical
fittings of an immovable property
|
70%
|
9.8%
|
Notes:
(i)
“total amount” means the sum total of the gross amount charged for the works
contract and the fair market value of all goods and services supplied in or in
relation to the execution of the works contract, whether or not supplied under
the same contract , after deducting (i)the amount charged for such goods or
services , if any and (ii)the value added tax or sales tax ,if any , levied
thereon.
(ii)
The fair market value of goods and services so supplied may be determined in
accordance with the generally accepted accounting principles.
(iii) cenvat credit of duty of excise paid on
any inputs , used in or in relation to the said works contract is not allowable.
Sr No
|
Taxable
service
|
Taxable
Portion of Total Value
|
Effective
Rate
|
13
|
Supply of
food and drinks in restaurant or outdoor catering
|
||
(i)
Service provided by Restaurants
|
40%
|
5.6%
|
|
(ii)
Services provided by outdoor caterer
|
60%
|
8.4%
|
Notes:
(i) “Total amount” means the sum total
of the gross amount charged and fair market value
of all goods and services supplied in or in relation to the supply of food or any other article of human
consumption or any other drink (whether or not in intoxicating), whether or not
supplied under the same contract or any
other contract, after deducting (i) the amount
charged for such goods or services, if any and (ii) the value added tax or sales tax, if any, levied thereon.
(ii) The fair market value of goods and services so supplied may be determined in accordance with the generally accepted
accounting principles.
(iii) cenvat credit of
duties or cess paid on any goods classifiable under chapter 1 to 22 of
the central excise tariff act, 1985 is not allowable.
Sr. No.
|
Taxable
service
|
Revised rates
of service tax
|
14
|
Booking of
air tickets by air travel agent
|
Domestic
booking 0.7%
International booking -1.4%
|
15
|
Life
insurance service
|
First year
-3.5%
Subsequent year – 1.75%
|
16
|
Money changing
service
|
|
(i)
Gross amount of currency exchanged for an amount upto Rs. 100,000
|
0.14% or
Minimum Rs. 35/-
|
|
(ii) Gross
amount of currency exchanged for an amount of rupees exceeding Rs. 100,000
and up to Rs. 10,00,000
|
Rs. 140 and
0.07%
|
|
(iii)
Gross amount of currency exchanged for an amount of rupees exceeding Rs.
10,00,000
|
Rs. 770 and
0.014% or maximum of Rs. 7,000/-
|
|
17
|
Service
provided by Lottery distributor and selling agent
a) If
the lottery or lottery scheme is one where the guaranteed prize payout is
more than 80%
b) If
the lottery or lottery scheme is one where the guaranteed prize payout is
less than 80%
|
Rs. 8,200 on
every Rs. 10 Lakh or part of Rs. 10 Lakh of aggregate face value of lottery
tickets printed by the organizing State for a draw.
Rs. 12,800 on every Rs. 10 Lakh or
part of Rs. 10 Lakh of aggregate face value of lottery tickets printed by the
organizing State for a draw
|
Normal Service tax rate with effect from 1st June 2015 is
14%. However applicable rate is different for many services which may be
subject to fulfillment of some conditions. This is mainly due to material value
or non-service element included in total value of these services. This Chart
will provide the effective rates on such services.
Sachin Kumar Mishra
+91-8130319600 , +91- 9012141689,91+9507810909
Monday, 30 March 2015
14% Service Tax rate not with effect from 1st April 2015
OFFICE OF THE COMMISSIONER
CUSTOMS, CENTRAL EXCISE AND SERVICE TAX
KNDRIYAUTPADSHULKHBHAWAN, TElANGKHEDI ROAD
CIVIL LINES, NAGPUR-440001
CUSTOMS, CENTRAL EXCISE AND SERVICE TAX
KNDRIYAUTPADSHULKHBHAWAN, TElANGKHEDI ROAD
CIVIL LINES, NAGPUR-440001
It is brought to the notice of the Public that the new Service Tax rate of 14% has been proposed In the Finance Bill,
2015 by the Humble Finance Minister on 28-02-2015. The new Service Tax rate 14%
is not effective immediately and shall come into effect only from a date to be
notified later. The existing rate of Service Tax is 12.36% (Inclusive Cess.
es)
It has come to the notice of this office that though the new
Service Tax rate of 14% has not yet been given effect, some of the service tax providers have started billing & recovering the
amount of Service Tax at the rate of 14% from their customers. This practice is
not only completely illegal but amounts to collecting consideration from the
general public which is not so required to be collected as Service Tax.
It is therefore appealed to, bring anysuch instance to the
notice of Customs, Central Excise & Service Tax Department. The details of
the nominated officers of the Department for Vidarbha Region for this purpose
are, as under
Name S/Shri
|
A.V.Deshmukh
|
P.A.Thakur
|
A.B.Chakrovorty
|
Designation
|
Assistant
Commissioner
|
||
Commissionerate
|
Nagpur-I
|
Nagpur-II
|
Wardha
|
Office Phone No.
|
0712-2560596
|
||
Mobile No.
|
9527544868
|
9822624258
|
9890223720
|
This office looks forward to your co-operation in
this regard.
HELP US TO HELP YOU.
(Ashish Chandan)
Commissioner
Commissioner
Regards
Sachin Kumar Mishra
Sunday, 15 March 2015
Section 68, 69, 69A, 69B and 69C of Income Tax Act,1961
Section 68 -Cash creditsSection 69-Unexplained investmentsSection 69A-Unexplained money, etc
Section 69B -Amount of investments, etc., not fully disclosed in books of
account
Section 69C- Unexplained expenditure, etc
Comparison between section 68, section 69,
section 69A, section 69B and section 69C: -
Particulars
|
Section 68
|
Section 69
|
Section 69A
|
Section 69B
|
Section 69C
|
Plain reading
|
Where any sum is
found credited in the books of an assesseemaintained for any previousyear, and the assessee offers no explanation about the
nature and source thereofor the explanation
offered by him is not, in the opinion of the Assessing
Officer, satisfactory, the sum so credited maybe charged to income- tax as the income ofthe assesseeof that previous
year.
|
Where in the
financial year immediately preceding the assessment year the assessee has
made investments which are not recorded in the books of account, if any, maintained by him for any source of
income, andthe assessee offers no explanation about the nature and source
of the investments orthe explanation offered by him is not, in the opinion of the
Assessing Officer, satisfactory, the value of the investmentsmay be deemed to be the income of the assessee
of such
financial year.
|
Where in any
financial year the assessee is found to be the owner of any money,bullion, jewelry or other valuable article and such
money, bullion, jewelry or valuable article is not recorded in the books of
account, if any, maintained by him for any source of income, andthe assessee offers no explanation about the
nature and source of acquisition of the money, bullion, jewelry or other
valuable article, or the explanation offered by him is not, in the opinion of the
Assessing Officer, satisfactory, the money and the value of the bullion,
jewelry or other valuable article may be deemed to be the income of the assessee
for such
financial year.
|
Where in any
financial year the assessee has made investments or is found to be the owner
of any bullion, jewelry or other valuable article, and the Assessing Officer
finds that the amount expended on making such investments or in acquiring
such bullion, jewelry or other valuable article exceeds the amount recorded
in this behalf in the books of accountmaintainedby the assessee for any source of income, andthe assessee offers no explanation about
such excess amount or the explanation offered by him is not, in the opinion of the Assessing
Officer, satisfactory, the excess amount maybe deemed to be the income of the assessee
forsuch financial year.
|
Where in any
financial year an assessee has incurred anyexpenditure andhe offers no explanation about the source of
such expenditure or part thereof, orthe explanation, if any, offered by him is
not, in the opinion of the Assessing Officer, satisfactory, the amount
covered by such expenditure or part thereof, as the case may be, may bedeemed to be the income of the assessee for such
financial year.
Provided that,
notwithstanding anything contained in any other provision of this Act, such
unexplained expenditure which is deemed to be the income of the assessee
shall not be allowed as a deduction under any head of income.
|
Maintenance of Books
of Accounts
|
Compulsory
|
Not Compulsory as
the word “if any” is used
|
Not Compulsory as
the word “if any” is used
|
Compulsory
|
Not Compulsory
|
Explanation to AO
|
AO can ask for
explanation only when the sum is credited in the Books of Accounts
|
AO can ask for
explanation only ifinvestmentis
not recorded in the Books of Accounts.
|
AO can ask for
explanation only if Money, bullion, jewelry or any other valuable article is
not recorded in the Books of Accounts.
|
AO can ask for
explanation only if the investment, Money, bullion, jewelry or any other
valuable article is recorded in the Books of Accounts and the value recorded
is less than the amount spent in acquiring.
|
AO can ask for the
source of “incurred expenditure”.
|
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