Friday, July 3, 2015

CHARGE OF SERVICE TAX, TAXABLE SERVICES AND VALUATION

CHARGE OF SERVICE TAX, TAXABLE SERVICES AND VALUATION

III.          CHARGE OF SERVICE TAX
As per Section 66 Service tax shall be computed by using 3 components:
  1. TAX RATE
  2. TAXABLE SERVICES REFERRED TO IN SECTION 65(105).
  3. VALUE
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  1. Tax Rate
As per section 66 of Chapter V of Finance Act 1994, Service tax is levied at the rate of 12%. However, vide Notification No. 8/2009 ST dated 24.02.2009 the rate of tax has been changed from 12% to 10%. Therefore, the new Service tax rate is 10%.

Education Cess: With effect from 10.09.2004, an education cess has been levied @ 2%, calculated on the service tax on all taxable services.

Secondary and Higher Education Cess: With effect from 11.05.2007, a secondary and higher education cess i.e. SHEC @ 1% shall also be charged on services liable to service tax.

Effective rate of service tax is 10.30% [10% + 2% of 10 + 1% of 10 = 10.30%].

Illustration
Mr. A renders services worth Rs. 1,00,000 to Green Chillies Entertainment. Service tax liability is calculated as follows:-
Particulars
Amount
Workings
Value of Services (i)
100000

Service tax @ 10%
10000
100000 x 10%
Education Cess @ 2% of Service tax
200
10000 x 2%
Secondary and Higher Education Cess @ 1%
100
10000 x 1%
Total tax including EC & SHEC (ii)
10300

Price payable by Green chilies to Mr. A    (i) + (ii)
110300


Illustration
Mr. A renders services worth Rs. 2,00,000 to Green Chillies Entertainment. Service tax liability is calculated as follows:-

Particulars
Amount
Workings
Value of Services (i)
200000

Service tax @ 10%
20000
200000 x 10%
Education Cess @ 2% of Service tax
400
20000 x 2%
Secondary and Higher Education Cess @ 1%
200
20000 x 1%
Total tax including EC & SHEC (ii)
20600

Price payable by Green chilies to Mr. A
(i) + (ii)
220600


  1. List of Taxable Services
As per section 66, Service tax shall be applicable on services referred to in section 65(105) of Finance Act, 1994.

List of Services referred in section 65(105).
  1. Stock broking services
  2. General insurance services
  3. Advertising agency services
  4. Courier services
  5. Consulting engineer’s services
  6. Custom house agent’s services
  7. Steamer agent’s services
  8. Clearing & forwarding agent’s services
  9. Manpower recruitment agent’s services
  10. Air travel agent’s services
  11. Mandap keeper’s services
  12. Tour operator’s services
  13. Rent-a-cab scheme operator’s services
  14. Architect’s services
  15. Interior decorators services
  16. Management or business consultant’s services
  17. Practising chartered accountant’s services
  18. Practising cost accountant’s services
  19. Practising company secretary’s services
  20. Real estate agent’s services
  21. Security agency’s services
  22. Credit rating agency’s services
  23. Market research agency’s services
  24. Underwriter’s services
  25. Scientific or technical consultancy services
  26. Photography services
  27. Convention services
  28. On-line information and database access and/or retrieval services
  29. Video tape production services
  30. Sound recording services
  31. Broadcasting (radio and television) services
  32. Insurance auxiliary services
  33. Banking and other financial services
  34. Port services by major ports and other ports
  35. Authorised service station’s services
  36. Beauty Parlour’s services
  37. Cargo handling services
  38. Cable operator’s services
  39. Dry cleaning services
  40. Event management services
  41. Fashion designer’s services
  42. Health club and fitness centre services
  43. Life insurance services
  44. Rail travel agent’s services
  45. Storage and warehousing services
  46. Business auxiliary services
  47. Commercial training or coaching services
  48. Erection, commissioning and installation services
  49. Franchise services
  50. Internet café’s services
  51. Management, maintenance or repair services
  52. Technical testing and analysis services
  53. Technical inspection and certification services
  54. Airport services
  55. Transport of goods by air services
  56. Business exhibition services
  57. Transport of goods by road (by a goods transport agency)
  58. Construction services in respect of commercial or industrial buildings or civil structures
  59. Intellectual property service other than copyrights
  60. Opinion poll services
  61. Outdoor catering
  62. TV or radio programme production services
  63. Survey and exploration of mineral services
  64. Pandal or shamiana services
  65. Travel agent’s services (other than air/rail travel agents)
  66. Forward contract services
  67. Transport of goods through pipeline or other conduit
  68. Site preparation and clearance, excavation, earth moving and demolition services
  69. Dredging services of rivers, ports, harbours, backwaters and estuaries
  70. Survey and map-making services other than by Government departments
  71. Cleaning services other than in relation to agriculture, horticulture, animal husbandry or dairying
  72. Services in respect of membership of clubs or associations
  73. Packaging services
  74. Mailing list compilation and mailing services
  75. Construction services in respect of residential complexes
  76. Registrar to an issue’s services
  77. Share transfer agent’s services
  78. Automated teller machine operations, maintenance or management services
  79. Recovery agent’s services
  80. Sale of space or time for advertisement, other than in print media
  81. Sponsorship services provided to anybody corporate or firm, other than sponsorship of sports events
  82. Transport of passengers embarking on international journey by air, other than economy class passengers
  83. Transport of goods in containers by rail by any person, other than government railway
  84. Business support services
  85. Auctioneers' services, other than auction of property under directions or orders of a court of law or auction by the Central Government
  86. Public relations services
  87. Ship management services
  88. Internet telecommunication services
  89. Transport of persons by cruise ship
  90. Credit card, debit card, charge card or other payment card related services
  91. Telecommunication services
  92. Mining services
  93. Services of renting of immovable property
  94. Services involved in the execution of a works contract
  95. Development and supply of content services
96Asset management including portfolio management and all forms of fund management services
  1. Design services
  2. Information technology software services
  3. Investment management services provided under ULIP
  4. Stock exchange services in relation to securities
  5. Commodity exchange services
  6. Processing and clearing house services
  7. Supply of tangible goods services
  8. Transport of coastal goods and goods transported through inland water including National Waterways [New services have been brought under the service tax net by the Finance (No.2) Act, 2009]
  9. Cosmetic surgery or plastic surgery [New services have been brought under the service tax net by the Finance (No.2) Act, 2009]
  10. Legal consultancy services [New services have been brought under the service tax net by the Finance (No.2) Act, 2009]
  11. Games of chance service [New services have been brought under the service tax net by the Finance Act, 2010]
  12. Health care service [New services have been brought under the service tax net by the Finance Act, 2010]
  13. Services provided for maintenance of medical records of employees of a business entity. [New services have been brought under the service tax net by the Finance Act, 2010]
  14. Service of promoting a ‘brand’ of goods, events, business entity etc. [New services have been brought under the service tax net by the Finance Act, 2010]
  15. Service of permitting commercial use or exploitation of any event organized by a person or an organization. [New services have been brought under the service tax net by the Finance Act, 2010]
  16. Services provided by Electricity Exchanges. [New services have been brought under the service tax net by the Finance Act, 2010]
  17. Services related to copyrights on cinematographic films and sound recording. [New services have been brought under the service tax net by the Finance Act, 2010]
  18. Special services provided by builder etc. to prospective buyers. [New services have been brought under the service tax net by the Finance Act, 2010]

We are required to only know the name of these services. Details of these services have no relevance with Service Tax. Our course is limited to only few services which will be discussed in detail in the coming chapters.

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