Service tax

This query is : Resolved 

12 July 2014 Sir,
Please explain

14 July 2014 Please solve above problem.

14 July 2014 Please solve above problem.

23 July 2014 No one can solve it ?

24 July 2025 Sure! Here's a comprehensive guide to Service Tax as it stood before the implementation of GST (Goods and Services Tax) in July 2017 โ€” covering all the topics you mentioned.

๐Ÿ“˜ 1. What is Service Tax?
Service Tax was a central indirect tax levied on specified services provided in India, governed by:

Chapter V of the Finance Act, 1994

Administered by the Central Board of Excise and Customs (CBEC) (now CBIC)

๐Ÿ’ฐ 2. Who Pays Service Tax?
Service Provider: Normally pays the tax.

Service Receiver (Reverse Charge): In specific notified cases, the receiver pays it.

๐Ÿ“Œ 3. Service Tax Rate (as of different years):
Period Rate
Before 1 June 2015 12.36%
1 June 2015 โ€“ 14 Nov 2015 14% (SBC & KKC not yet applied)
15 Nov 2015 โ€“ 31 May 2016 14% + 0.5% SBC = 14.5%
1 June 2016 โ€“ 30 June 2017 14% + 0.5% SBC + 0.5% KKC = 15%

SBC = Swachh Bharat Cess

KKC = Krishi Kalyan Cess

๐Ÿ“ฆ 4. What is a Taxable Service?
From 1 July 2012, a negative list approach was introduced:

All services are taxable unless:

Covered in the Negative List (Section 66D), or

Specifically exempt under Notification No. 25/2012-ST (Mega Exemption)

๐Ÿ” 5. Reverse Charge Mechanism (RCM)
In RCM, service tax is payable by the recipient instead of the provider.

Common services under RCM:

Service Who pays under RCM
Goods Transport Agency (GTA) Service Recipient (100%)
Manpower supply (from firm) 50% by provider, 50% by recipient
Security service (from firm) 50% by provider, 50% by recipient
Legal services (individual lawyer) 100% by recipient
Director services 100% by company (recipient)

(Refer Notification No. 30/2012-ST for full list)

๐Ÿ†“ 6. Exemptions โ€“ Mega Exemption Notification No. 25/2012-ST
Some common exempt services:

Services by educational institutions

Job work in manufacturing of excise-dutiable goods

Services by charitable organizations

Agricultural services

Services by way of renting of religious places

Export of services (if conditions met under Rule 6A of Service Tax Rules)

๐Ÿ“‰ 7. Abatement (Partial Taxable Value)
Abatement reduces the taxable portion of value for certain services.

Service Type Taxable % Effective Rate (at 14%)
GTA (freight) 25% 3.5%
Hotel accommodation 60% 8.4%
Restaurant services 60% 8.4%
Construction of complex 30% 4.2%

(Abatement allowed subject to conditions, like non-availment of CENVAT)

๐Ÿ“„ 8. Service Tax Return (ST-3)
โžค Frequency:
Half-yearly:

Aprilโ€“September โ†’ due by 25th October

Octoberโ€“March โ†’ due by 25th April

โžค Key Parts of ST-3:
Part A: Basic details

Part B: Taxable value & tax payable

Part C: CENVAT credit

Part D: Challan details

Part E: Self-assessment

๐Ÿงฎ 9. How to Calculate Service Tax
Formula (with full rate):

java
Copy
Edit
Service Tax = Value of Taxable Service ร— Applicable Rate
Example:

Invoice Value: โ‚น1,00,000

Service Tax Rate: 14.5%

Service Tax = โ‚น14,500

Total Invoice = โ‚น1,14,500

If abatement applies, compute on reduced value.

๐Ÿงพ 10. Books and Records to Maintain
Invoices with service tax breakup

Service Tax Payment Challans (GAR-7)

Copies of ST-3 Returns

CENVAT credit register (if availed)

Credit notes, debit notes, and reverse charge documentation

๐Ÿงท 11. Penalties & Interest
Default Consequence
Late payment of service tax Interest @ 18% (varies by delay period)
Late filing of ST-3 Return โ‚น500โ€“โ‚น20,000 under Rule 7C of ST Rules
Non-registration Penalty + interest
Wrong availment of CENVAT Reversal + interest + penalty

๐ŸŒ 12. Export of Services (Rule 6A of ST Rules)
To qualify as export of service:

Service provider in India

Recipient outside India

Service provided outside India

Payment received in foreign convertible currency

Not mere establishments of same entity

If these are met โ†’ No service tax

๐ŸŽฏ Final Summary
Aspect Key Point
Levy On services in taxable territory
Taxpayer Normally provider, sometimes recipient (RCM)
Rate Varied, max was 15%
Returns ST-3 half-yearly
Exemptions Via Negative List & Mega Exemption (25/2012-ST)
Export of Services Not taxable if Rule 6A conditions met
Penalties Applicable for delays, wrong credit, non-compliance

Let me know if you'd like:

A sample ST-3 return format

A sample invoice with service tax

A checklist for reverse charge services


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries


CCI Pro
Meet our CAclubindia PRO Members


Follow us



Answer Query