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.
๐ 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)
๐ฐ 2. Who Pays Service Tax? Service Provider: Normally pays the tax.
Service Receiver (Reverse Charge): In specific notified cases, the receiver pays it.
๐ 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
๐ฆ 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)
๐ 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)
๐ 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)
๐ 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)
๐ 8. Service Tax Return (ST-3) โค Frequency: Half-yearly:
AprilโSeptember โ due by 25th October
OctoberโMarch โ due by 25th April
โค 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
๐งฎ 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: โน1,00,000
Service Tax Rate: 14.5%
Service Tax = โน14,500
Total Invoice = โน1,14,500
If abatement applies, compute on reduced value.
๐งพ 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
๐งท 11. Penalties & Interest Default Consequence Late payment of service tax Interest @ 18% (varies by delay period) Late filing of ST-3 Return โน500โโน20,000 under Rule 7C of ST Rules Non-registration Penalty + interest Wrong availment of CENVAT Reversal + interest + penalty
๐ 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
๐ฏ 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