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:
- TAX RATE
- TAXABLE SERVICES REFERRED TO IN SECTION 65(105).
- VALUE
- 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
|
- 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).
- Stock broking services
- General insurance services
- Advertising agency services
- Courier services
- Consulting engineer’s services
- Custom house agent’s services
- Steamer agent’s services
- Clearing & forwarding agent’s services
- Manpower recruitment agent’s services
- Air travel agent’s services
- Mandap keeper’s services
- Tour operator’s services
- Rent-a-cab scheme operator’s services
- Architect’s services
- Interior decorators services
- Management or business consultant’s services
- Practising chartered accountant’s services
- Practising cost accountant’s services
- Practising company secretary’s services
- Real estate agent’s services
- Security agency’s services
- Credit rating agency’s services
- Market research agency’s services
- Underwriter’s services
- Scientific or technical consultancy services
- Photography services
- Convention services
- On-line information and database access and/or retrieval services
- Video tape production services
- Sound recording services
- Broadcasting (radio and television) services
- Insurance auxiliary services
- Banking and other financial services
- Port services by major ports and other ports
- Authorised service station’s services
- Beauty Parlour’s services
- Cargo handling services
- Cable operator’s services
- Dry cleaning services
- Event management services
- Fashion designer’s services
- Health club and fitness centre services
- Life insurance services
- Rail travel agent’s services
- Storage and warehousing services
- Business auxiliary services
- Commercial training or coaching services
- Erection, commissioning and installation services
- Franchise services
- Internet café’s services
- Management, maintenance or repair services
- Technical testing and analysis services
- Technical inspection and certification services
- Airport services
- Transport of goods by air services
- Business exhibition services
- Transport of goods by road (by a goods transport agency)
- Construction services in respect of commercial or industrial buildings or civil structures
- Intellectual property service other than copyrights
- Opinion poll services
- Outdoor catering
- TV or radio programme production services
- Survey and exploration of mineral services
- Pandal or shamiana services
- Travel agent’s services (other than air/rail travel agents)
- Forward contract services
- Transport of goods through pipeline or other conduit
- Site preparation and clearance, excavation, earth moving and demolition services
- Dredging services of rivers, ports, harbours, backwaters and estuaries
- Survey and map-making services other than by Government departments
- Cleaning services other than in relation to agriculture, horticulture, animal husbandry or dairying
- Services in respect of membership of clubs or associations
- Packaging services
- Mailing list compilation and mailing services
- Construction services in respect of residential complexes
- Registrar to an issue’s services
- Share transfer agent’s services
- Automated teller machine operations, maintenance or management services
- Recovery agent’s services
- Sale of space or time for advertisement, other than in print media
- Sponsorship services provided to anybody corporate or firm, other than sponsorship of sports events
- Transport of passengers embarking on international journey by air, other than economy class passengers
- Transport of goods in containers by rail by any person, other than government railway
- Business support services
- Auctioneers' services, other than auction of property under directions or orders of a court of law or auction by the Central Government
- Public relations services
- Ship management services
- Internet telecommunication services
- Transport of persons by cruise ship
- Credit card, debit card, charge card or other payment card related services
- Telecommunication services
- Mining services
- Services of renting of immovable property
- Services involved in the execution of a works contract
- Development and supply of content services
96Asset management including portfolio management and all forms of fund management services
- Design services
- Information technology software services
- Investment management services provided under ULIP
- Stock exchange services in relation to securities
- Commodity exchange services
- Processing and clearing house services
- Supply of tangible goods services
- 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]
- Cosmetic surgery or plastic surgery [New services have been brought under the service tax net by the Finance (No.2) Act, 2009]
- Legal consultancy services [New services have been brought under the service tax net by the Finance (No.2) Act, 2009]
- Games of chance service [New services have been brought under the service tax net by the Finance Act, 2010]
- Health care service [New services have been brought under the service tax net by the Finance Act, 2010]
- 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]
- 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]
- 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]
- Services provided by Electricity Exchanges. [New services have been brought under the service tax net by the Finance Act, 2010]
- 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]
- 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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