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Taxable Services,Negative List and Mega Exemption Notification

Taxable Services,Negative List and Mega Exemption Notification.

 

Changes in the Mega Exemption List of Services Videamending Notification No. 25/2012-ST Dated. 20-6-2012 (Effective From 11-7-2014):-

Entry 2B: For safe disposal of medical and clinical wastes, services provided by common bio- medical waste treatment facilities exempted.

Entry 7: Exemption withdrawn to services by way of technical testing or analysis of newly developed drugs, including vaccines and herbal remedies on human participants by a clinical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.

Entry 9: Concept of ‘auxiliary educational services’ has been omitted and the following services received by eligible educational institutions are exempted from service tax:

  • (i) transportation of students, faculty and staff of the eligible educational institution;
  • (ii) catering service including any mid-day meals scheme sponsored by the Government;
  • (iii) security or cleaning or house-keeping services in such educational institution;
  • (iv) services relating to admission to such institution or conduct of examination.

Further, for the purposes of this exemption, “educational institution” is being defined in the exemption notification 25/2012-ST as institutions providing educational services specified in the negative list.

Furthermore, the exemption hitherto available to services provided by way of renting of immovable property to educational institutions stands withdrawn.

Entry 18: Service by way of renting of a hotel, inn, guest house, club or camp-site or other commercial places meant for residential or lodging purposes, having a declared tariff of a unit of accommodation below rupees one thousand per day or equivalent is exempt from Service tax i.e. Exemption not available if declared tariff > Rs. 1,000/- Per day irrespective of fact whether for commercial purpose or not. Hence, this exemption, upto the specified threshold level, is available to any entity providing service by way of accommodation, including dharmashalas or ashram or such other entities. Tax base has been widened by removal of term ‘other commercial places’.

Exemption provided on Transport of organic manure by vessel, rail or road (by GTA) by amending entries at Entry. No. 20 and 21. Therefore, organic manure will be on par with fertilizer which is already exempted.

Exemption provided on Services by way of loading, unloading, packing, storage or warehousing, transport by vessel, rail or road (GTA), of cotton, ginned or baled, [amendment of entry at Entry. No. 20 & 21 and 40].

Entry 23: Presently service of passenger transportation by a contract carriage other than for the purposes of tourism, conducted tour, charter or hire, is exempt from Service tax. The scope of exemption is being reduced by withdrawing the exemption in respect of air-conditioned contract carriages. As a result, any service provided for transport of passenger by air-conditioned contract carriage including which are used for point to point travel, will attract service tax, with immediate effect. Service tax will be charged at an abated value of 40% of the amount charged from service receiver; therefore, effective tax will be 4.944%.

Entry 25: The exemption in respect of services provided to Government or local authority or Governmental authority has been made more specific. Services by way of water supply, public health, sanitation conservancy, solid waste management or slum improvement and up-gradation will continue to remain exempted but the exemption would not be extendable to other services such as consultancy, designing, etc., not directly connected with these specified services.

Entry 26A: Exemption available for specified micro insurance schemes approved by IRDA expanded to cover all life micro-insurance schemes where the sum assured does not exceed Rs. 50, 000/- per life insured.

Entry 41: Specialized financial services received by RBI from outside India, in the course of management of foreign exchange reserves, e.g. external asset management, custodial services, securities lending services, are being exempted.

Entry 42: Exemption available on services provided by the Indian tour operators to foreign tourists in relation to tours wholly conducted outside India.

New definition provided for certain terms – ‘Educational institution’, ‘life micro insurance product’, ‘radio–taxi’, ‘recognised sports body’ and deletion of term – ‘auxiliary education service’

Changes in relation to the Negative list (Will Come Into Force When the Finance Bill (No.2), 2014 is enacted):-

  • · To broaden the tax base in Service tax, Sale of space or time for advertisements in broadcast media, namely radio or television, extended to cover such sales on other segments like online and mobile advertising, etc. Sale of space for advertisements in print media however would remain excluded from Service tax.
  • · Service provided by radio-taxis brought under the Service tax. The abatement presently available to rent-a-cab service would also be made available to radio taxi service, to bring them on par.

 

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