Professional Documents
Culture Documents
I.
Introduction:
Basically Taxes are of two types those are direct and indirect taxes.
In direct Taxes incidence of tax will be on the same person who is enjoying the income. For example
Income tax is payable by the person who is receiving it.
But whereas in indirect taxes the burden of tax is shifted to some other person. For example Mr.X is
providing consulting engineer service, for that service he charges the amount along with service tax.
Simply he collects the amount from client and pays to the Government.
Broadly speaking, direct taxes are those which are paid after the income reaches hands of taxpayer,
while indirect taxes are paid before the goods/services reach the tax payer.
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II.
III.
Registration:
Every person liable to pay service tax is required to register himself by making an application to the
Superintendent of Central Excise(SCE) as per section 69 of the Act. An exemption limit is given to small
service provider which is Rs.10 lakhs, specified by notification 6/2005 ST Dated 01.03.05 as amended
from time to time.
This exemption is not available for
1. Branded service providers (those who provide services under the brand name or trade name of
others.)
2. The person who is liable to pay service on the status of Service Receiver.
As per Rule 4 of Service Tax Rules 1994, to get it registered, an application in Form ST-1 would have to
be filed within thirty days from the date on which the taxable service is provided/tax levied on such
service. Penalty of Rs. 200 per day or 5000 whichever is higher for delay in registration.
There are three types of registration.
1. Centralized registration
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IV.
Classification of Services:
If the service falls under more than one category the requirement of classification will arise at that time
the liability of the assessee is depends upon the correct classification of services. For the purpose of
classification of services we need to consider the following.
1. Based on the Category which gives the most specific description of the service.
2. Based on the essential character Where that service is falling under composite services
3.
Based on the sub-clause which occurs first among the sub-clauses which equally merit
consideration as per section 65A
4. Based on the non statutory principles as to consideration of trade parlance especially where
certain terms are not defined.
What is the Need of Classification?
The service provider should ensure that he classifies the service properly as this would enable him to
ascertain his liability correctly. Correct classification is critical as the exemptions under service tax
barring the general exemptions are based on specified categories and if the classification is wrong, the
service provider may either end up paying more the required or even face a liability.
V.
Service tax liability arises when payment is received not at the time of service provided. But we need to
apply the rate which is prevailing on the date of service not on the date of receipt of money. Even
advance received for providing services also liable for service tax without consideration of time of
providing of services.
The rates of service tax will change time to time. The rate of service tax will summarized below.
Period
16.08.2002 to 31.05.2003
Service Tax
5%
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Education Cess
-
SHE .Cess
-
Total Rate
5%
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14.05.2003 to 09.09.2004
10.09.2004 to 18.04.2006
19.04.2006 to 10.05.2007
11.05.2007 to 23.02.2009
24.02.2009 to till date
8%
10%
12%
12%
10%
2%
2%
2%
2%
1%
1%
8%
10.2%
12.24%
12.36%
10.3%
Payment of service tax must be through GAR-7 challan and through designated branches.GAR-7
Challan and list of designated branches will be available in the CBEC web site. www.cbec.gov.in or
www.aces.gov.in
VI.
The service tax collected must be credited to account of Central Government within the prescribed due
dates.
The due dates of payment of service tax summarized below:
Status
Basis
Corporate entities
Monthly payment
But for the month of March due date for payment of service tax is 31st March
If the assessee is failed to pay tax within the due date he needs to pay tax along with interest 13%
p.a. until the date of payment of tax.
The following Illustration helps us to better understanding of implication of service tax and its calculation
Illustration: Mr.X supplied food for Mr.As Marriage was held on 9th December 2008 and he billed
Rs.100000 in the same month. But he received the amount in the month of 6th March 2009.What is the
implication of Service tax on Mr.X?
1.
The activity of providing food on occasions is covered under the definition of outdoor caterer
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service. So it is a taxable service and Mr. A is a service provider and Mr.X receiving service on the
occasion of his marriage. So the basic conditions for service tax applicably are satisfied (Service
provider, service receiver, taxable service).
2. He provided service in the month of December 2008 and received the amount in the month of
March 2009, he need to pay service tax in the month of march09 not in the month of December
because service tax is liable to pay in the month of amount received not in the month of service
provided or amount billed.
3. He needs to pay service on the amount received @ 10.3% not at the rate of 12.36% while applying
the rate of service tax we need to consider rate prevailing at the time of service provided not at
the time of amount received.
4. If he didnt pay the service tax with the due date he needs to pay the amount with interest. The
same is illustrated in the figures below for clear understanding.
Calculation of Service Tax:
Service tax may be calculated inclusive or exclusive of service tax. Let us see the calculation of service
tax with examples.
If the amount received inclusive of service tax (Means this 100000 includes service tax also) then the
calculation is as follows.
Service Tax=Amount received (inclusive of service tax) X Rate/100+Rate
I.e. 100000 X10.3/110.3 = 9338
If the amount received is exclusive of service tax (Means Rs.100000 + Service Tax) then the calculation
is as follows.
Service Tax Amount=Amount received (Exclusive of service tax) X Rate/100
I.e. 100000 X 10.3/100 = 10300
If he paid the service in on April 5th he need to pay service tax along with interest (Due date for march is
31st March not 5th of April (Refer the table of due dates). So interest calculation is as follows.
Interest = Service tax (Including Edu.Cess and SHE Cess) X13/100 X No of days delayed/365
I.e. 9338 or 10300 X 13% X 5/365=16 or 18
VII.
Filing of returns:
Every service provider or service receiver who liable to pay tax is required to submit half yearly returns in
Form ST-3 or Form ST-3A with relevant copies of GAR-7 in the triplicate.
1. The returns are to be filed for the half year ending 30th September by 25th October.
2. The returns are to be filed for the half year ending 31st March by 25th April.
Late filling of returns will attract penalty .Rule 7C of service Tax Rules mentioned about penalty
1. Rs. 500 for delay of 15 days from the prescribed date
2. Rs. 1000 where the delay is between 15 and 30 days from the prescribed date.
3. Rs. 1000 + Rs. 100 per day of delay where the delay is beyond 30 days from the prescribed date
but not exceeding Rs.2000 in terms of Section 70.
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VIII.
CENVAT Credit:
Cenvat credit is a concept introduced to overcome cascading effect of indirect taxes. Because of the
cascading effect assessee is paying tax more than one time for the same goods and services. Cenvat
Credit is nothing but adjusting the tax already paid which included in the current tax.
The service provider providing taxable services is entitled to avail CENVAT credit of the service tax paid
on
1. Inputs
2. Capital goods and
3. Input services
Those must be used for providing taxable services.
Inputs means:
All goods, except light diesel oil, high speed diesel oil and motor spirit, commonly known as petrol and
motor vehicles, used for proving any output service.
Input services means:
Any service used by a provider of taxable service for providing an output service.
Capital goods:
Capital goods which are used for providing output taxable services.
By utilization of CENVAT credit the liability of the tax will be reduced. The outflow of funds will be less. For
example we need to pay service tax of Rs.100000, if he has credit of inputs and input services of
Rs.10000 then he can adjust that amount with tax payable. Instead of tax Rs. 1 Lakh, now he can pay
Rs. 900000(100000(Tax)-10000(input credit)). The burden of tax will be reduced with the CENVAT
Credit.
IX.
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X.
Important Websites:
Some important and useful sites for updates and information about service tax are as follows:
1. www.cbec.gov.in Good site of Central Board of Excise and Customs (CBEC), giving notifications
and circulars and general information on excise, customs law and service tax and more over it is
a free website.
2. www.judis.nic.in It is a good site for various case laws lists and Supreme Court judgments.
3. www.ace.gov.in It is a good site for recent updates and Circulars and notifications.
4. www.servicetaxonline.com This website covers all service tax matters.
5. www.taxmann.com It gives information on changes in corporate laws and taxation but it is a paid
site.
6. www.taxindiaonline.com We can information regarding service tax and customs and excise duty
and other indirect tax matters from this site.
XI.
Conclusion:
It is a good and challenging field for upcoming chartered Accountants only few chartered accountants are
practicing in this field. Lack of clarity in certain maters the chances of debate is more in this field. With
the introduction of GST (Goods and Service Tax) I hope that all these uncertain things may get clarified.
I.
Introduction:
Basically Taxes are of two types those are direct and indirect taxes.
In direct Taxes incidence of tax will be on the same person who is enjoying the income. For example
Income tax is payable by the person who is receiving it.
But whereas in indirect taxes the burden of tax is shifted to some other person. For example Mr.X is
providing consulting engineer service, for that service he charges the amount along with service tax.
Simply he collects the amount from client and pays to the Government.
Broadly speaking, direct taxes are those which are paid after the income reaches hands of taxpayer,
while indirect taxes are paid before the goods/services reach the tax payer.
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II.
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1. Sponsorship service
2. Goods transport agency service.
3. Any taxable service provided or to be provided by any person from outside India and received by
any person in India.
4. Insurance auxiliary service.
III.
Registration:
Every person liable to pay service tax is required to register himself by making an application to the
Superintendent of Central Excise(SCE) as per section 69 of the Act. An exemption limit is given to small
service provider which is Rs.10 lakhs, specified by notification 6/2005 ST Dated 01.03.05 as amended
from time to time.
This exemption is not available for
1. Branded service providers (those who provide services under the brand name or trade name of
others.)
2. The person who is liable to pay service on the status of Service Receiver.
As per Rule 4 of Service Tax Rules 1994, to get it registered, an application in Form ST-1 would have to
be filed within thirty days from the date on which the taxable service is provided/tax levied on such
service. Penalty of Rs. 200 per day or 5000 whichever is higher for delay in registration.
There are three types of registration.
1. Centralized registration
2. Registration of single premises
3. Input service distributor
Centralized registration is taking single central registration covering all the place of provision of
service. In case the service provider provides one or more taxable service from more than one premise
or offices and who has a centralized accounting system or centralized billing can opt for centralized
registration.
When an assessee provides one or more services from one premise/office such assessee is
required to seek registration of single premises with the service tax authorities having
jurisdiction over the area where his premise is situated.
Input service distributor has been defined under rule 2(m) to mean an office of the provider of output
service, which receives invoices issued under rule 4A of the Service Tax Rules, 1994 towards
purchases of input services and issues invoice, bill or, as the case may be, challan for the purposes of
distributing the credit of service tax paid on the said services to such manufacturer or producer or
provider, as the case may be
IV.
Classification of Services:
If the service falls under more than one category the requirement of classification will arise at that time
the liability of the assessee is depends upon the correct classification of services. For the purpose of
classification of services we need to consider the following.
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1. Based on the Category which gives the most specific description of the service.
2. Based on the essential character Where that service is falling under composite services
3.
Based on the sub-clause which occurs first among the sub-clauses which equally merit
consideration as per section 65A
4. Based on the non statutory principles as to consideration of trade parlance especially where
certain terms are not defined.
What is the Need of Classification?
The service provider should ensure that he classifies the service properly as this would enable him to
ascertain his liability correctly. Correct classification is critical as the exemptions under service tax
barring the general exemptions are based on specified categories and if the classification is wrong, the
service provider may either end up paying more the required or even face a liability.
V.
Service tax liability arises when payment is received not at the time of service provided. But we need to
apply the rate which is prevailing on the date of service not on the date of receipt of money. Even
advance received for providing services also liable for service tax without consideration of time of
providing of services.
The rates of service tax will change time to time. The rate of service tax will summarized below.
Period
16.08.2002 to 31.05.2003
14.05.2003 to 09.09.2004
10.09.2004 to 18.04.2006
19.04.2006 to 10.05.2007
11.05.2007 to 23.02.2009
24.02.2009 to till date
Service Tax
5%
8%
10%
12%
12%
10%
Education Cess
2%
2%
2%
2%
SHE .Cess
1%
1%
Total Rate
5%
8%
10.2%
12.24%
12.36%
10.3%
Payment of service tax must be through GAR-7 challan and through designated branches.GAR-7
Challan and list of designated branches will be available in the CBEC web site. www.cbec.gov.in or
www.aces.gov.in
VI.
The service tax collected must be credited to account of Central Government within the prescribed due
dates.
The due dates of payment of service tax summarized below:
Status
Basis
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Corporate entities
Monthly payment
But for the month of March due date for payment of service tax is 31st March
If the assessee is failed to pay tax within the due date he needs to pay tax along with interest 13%
p.a. until the date of payment of tax.
The following Illustration helps us to better understanding of implication of service tax and its calculation
Illustration: Mr.X supplied food for Mr.As Marriage was held on 9th December 2008 and he billed
Rs.100000 in the same month. But he received the amount in the month of 6th March 2009.What is the
implication of Service tax on Mr.X?
1.
The activity of providing food on occasions is covered under the definition of outdoor caterer
service. So it is a taxable service and Mr. A is a service provider and Mr.X receiving service on the
occasion of his marriage. So the basic conditions for service tax applicably are satisfied (Service
provider, service receiver, taxable service).
2. He provided service in the month of December 2008 and received the amount in the month of
March 2009, he need to pay service tax in the month of march09 not in the month of December
because service tax is liable to pay in the month of amount received not in the month of service
provided or amount billed.
3. He needs to pay service on the amount received @ 10.3% not at the rate of 12.36% while applying
the rate of service tax we need to consider rate prevailing at the time of service provided not at
the time of amount received.
4. If he didnt pay the service tax with the due date he needs to pay the amount with interest. The
same is illustrated in the figures below for clear understanding.
Calculation of Service Tax:
Service tax may be calculated inclusive or exclusive of service tax. Let us see the calculation of service
tax with examples.
If the amount received inclusive of service tax (Means this 100000 includes service tax also) then the
calculation is as follows.
Service Tax=Amount received (inclusive of service tax) X Rate/100+Rate
I.e. 100000 X10.3/110.3 = 9338
If the amount received is exclusive of service tax (Means Rs.100000 + Service Tax) then the calculation
is as follows.
Service Tax Amount=Amount received (Exclusive of service tax) X Rate/100
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VII.
Filing of returns:
Every service provider or service receiver who liable to pay tax is required to submit half yearly returns in
Form ST-3 or Form ST-3A with relevant copies of GAR-7 in the triplicate.
1. The returns are to be filed for the half year ending 30th September by 25th October.
2. The returns are to be filed for the half year ending 31st March by 25th April.
Late filling of returns will attract penalty .Rule 7C of service Tax Rules mentioned about penalty
1. Rs. 500 for delay of 15 days from the prescribed date
2. Rs. 1000 where the delay is between 15 and 30 days from the prescribed date.
3. Rs. 1000 + Rs. 100 per day of delay where the delay is beyond 30 days from the prescribed date
but not exceeding Rs.2000 in terms of Section 70.
We can download the return from the website of www.cbec.gov.in
The assesse needs to file the electronic returns if he has paid excise and service tax of 10 lakhs or more
(including payment by utilization of CENVAT Credit) in the previous year. I this was made it compulsory
from 1st April 2010 by the notification no.01/2010-Service Tax
VIII.
CENVAT Credit:
Cenvat credit is a concept introduced to overcome cascading effect of indirect taxes. Because of the
cascading effect assessee is paying tax more than one time for the same goods and services. Cenvat
Credit is nothing but adjusting the tax already paid which included in the current tax.
The service provider providing taxable services is entitled to avail CENVAT credit of the service tax paid
on
1. Inputs
2. Capital goods and
3. Input services
Those must be used for providing taxable services.
Inputs means:
All goods, except light diesel oil, high speed diesel oil and motor spirit, commonly known as petrol and
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IX.
X.
Important Websites:
Some important and useful sites for updates and information about service tax are as follows:
1. www.cbec.gov.in Good site of Central Board of Excise and Customs (CBEC), giving notifications
and circulars and general information on excise, customs law and service tax and more over it is
a free website.
2. www.judis.nic.in It is a good site for various case laws lists and Supreme Court judgments.
3. www.ace.gov.in It is a good site for recent updates and Circulars and notifications.
4. www.servicetaxonline.com This website covers all service tax matters.
5. www.taxmann.com It gives information on changes in corporate laws and taxation but it is a paid
site.
6. www.taxindiaonline.com We can information regarding service tax and customs and excise duty
and other indirect tax matters from this site.
XI.
Conclusion:
It is a good and challenging field for upcoming chartered Accountants only few chartered accountants are
practicing in this field. Lack of clarity in certain maters the chances of debate is more in this field. With
the introduction of GST (Goods and Service Tax) I hope that all these uncertain things may get clarified.
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13/14
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Source : -
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