Devbhoomi Tax Bar Association
Uttarakhand's Biggest Tax Bar Association
CBEC notifies Accounting code for payment of Krishi Kalyan Cess
Circular No. 194/04/2016-ST F. No. 354/31/2016-TRU
Dated the 26th May, 2016.
To
Principal Chief Commissioners of Customs and Central Excise(All)
Principal Chief Commissioners of Central Excise & Service Tax (All)
Principal Director Generals of Goods and Service Tax/System/CEI
Director General of Audit/Tax Payer Services,
Principal Commissioners/ Commissioners of Customs and Central Excise (All)
Principal Commissioners/Commissioners of Central Excise and Service Tax (All)
Principal Commissioners/Commissioners of Service Tax (All)
Principal Commissioners/Commissioners LTU/Central excise/Service Tax (Audit)
Madam/Sir,
Subject: Accounting code for payment of Krishi Kalyan Cess – regarding.
4. All concerned are requested to acknowledge the receipt of this circular.
5. Trade Notice/ Public Notice to be issued. Wide publicity through local news media including vernacular press may be given. Hindi version shall follow.
Yours faithfully,
(Abhishek Chandra Gupta)
Technical Officer (TRU)
Government of India
Ministry of Finance
Department of Revenue
(Tax Research Unit)
Department of Revenue
(Tax Research Unit)
Dated the 26th May, 2016.
To
Principal Chief Commissioners of Customs and Central Excise(All)
Principal Chief Commissioners of Central Excise & Service Tax (All)
Principal Director Generals of Goods and Service Tax/System/CEI
Director General of Audit/Tax Payer Services,
Principal Commissioners/ Commissioners of Customs and Central Excise (All)
Principal Commissioners/Commissioners of Central Excise and Service Tax (All)
Principal Commissioners/Commissioners of Service Tax (All)
Principal Commissioners/Commissioners LTU/Central excise/Service Tax (Audit)
Madam/Sir,
Subject: Accounting code for payment of Krishi Kalyan Cess – regarding.
Chapter VI of the Finance Act, 2015 will come into effect from 1st June, 2016. Krishi Kalyan Cess is leviable on all taxable services, other than services which are fully exempt from Service Tax or services which are otherwise not liable to Service Tax under section 66B of the Finance Act, 1994, at the rate of 0.5%.
2. Accordingly, accounting codes have also been allotted by the Office of the Controller General of Accounts for the new Minor Head “507-Krishi Kalyan Cess” and new Sub-heads as under:
2. Accordingly, accounting codes have also been allotted by the Office of the Controller General of Accounts for the new Minor Head “507-Krishi Kalyan Cess” and new Sub-heads as under:
S.No
|
Krishi Kalyan Cess
(Minor Head)
|
Tax Collection
|
Other Receipts
(Interest)
|
Deduct Refunds
|
Penalties
|
1
|
0044-00-507
|
00441509
|
00441510
|
00441511
|
00441512
|
4. All concerned are requested to acknowledge the receipt of this circular.
5. Trade Notice/ Public Notice to be issued. Wide publicity through local news media including vernacular press may be given. Hindi version shall follow.
Yours faithfully,
(Abhishek Chandra Gupta)
Technical Officer (TRU)
CENVAT Credit (Seventh Amendment) Rules, 2016 - Service Tax
GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)
NOTIFICATION No. 28/2016 – Central Excise (N.T.)New Delhi, the 26th May, 2016
G.S.R.—(E).– In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely : –
1. (1) These rules may be called the CENVAT Credit (Seventh Amendment) Rules, 2016.
(2) They shall come into force on 1st of June, 2016.
2. In the CENVAT Credit Rules, 2004, in rule 3,
(a) after sub-rule (1), the following sub-rule shall be inserted, namely :-
“(1a) A provider of output service shall be allowed to take CENVAT credit of the Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016);”;
(b) in sub-rule (4), after the ninth proviso, the following proviso shall be inserted, namely,-
“Provided also that the Cenvat credit of any duty specified in sub-rule (1) shall not be utilised for payment of Krishi Kalyan Cess leviable under section 161 of the Finance Act, 2016 (28 of 2016);”;
(c) in sub-rule (7),
(i) after the words, figures and brackets “sub-rule (1)”, the words, figures and brackets “, sub-rule (1a)” shall be inserted;
(ii) after clause (c), the following clause shall be inserted, namely,-
“(d) Cenvat credit in respect of Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016) shall be utilised only towards payment of Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016)”;
[F. No. B-1/18/2016 – TRU]
NOTIFICATION No. 28/2016 – Central Excise (N.T.)New Delhi, the 26th May, 2016
G.S.R.—(E).– In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the CENVAT Credit Rules, 2004, namely : –
1. (1) These rules may be called the CENVAT Credit (Seventh Amendment) Rules, 2016.
(2) They shall come into force on 1st of June, 2016.
2. In the CENVAT Credit Rules, 2004, in rule 3,
(a) after sub-rule (1), the following sub-rule shall be inserted, namely :-
“(1a) A provider of output service shall be allowed to take CENVAT credit of the Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016);”;
(b) in sub-rule (4), after the ninth proviso, the following proviso shall be inserted, namely,-
“Provided also that the Cenvat credit of any duty specified in sub-rule (1) shall not be utilised for payment of Krishi Kalyan Cess leviable under section 161 of the Finance Act, 2016 (28 of 2016);”;
(c) in sub-rule (7),
(i) after the words, figures and brackets “sub-rule (1)”, the words, figures and brackets “, sub-rule (1a)” shall be inserted;
(ii) after clause (c), the following clause shall be inserted, namely,-
“(d) Cenvat credit in respect of Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016) shall be utilised only towards payment of Krishi Kalyan Cess on taxable services leviable under section 161 of the Finance Act, 2016 (28 of 2016)”;
[F. No. B-1/18/2016 – TRU]
List of Services Under Exempt List for 16-17 onwards
On the basis of Analysis of Service Tax Notifications, here is
Compiled Updated List of Services Under Exempt List as on 01.04.2016 on which
no Service tax is payable. There are few exemption which will be available from
1st June 2016 and in respect of such exemptions it is mentioned, either
before or after the exemption details, the date of applicability of such
exemption.
The Serial No. in Exempt List compiled below are as per Various Notification
issued by CBEC from time to time :-
S.N.
|
SERVICES
COVERED UNDER MEGA EXEMPTION NOTIFICATION
|
1.
|
Services
provided to the United Nations or a specified international organization;
|
2.
|
(i) Health care services by a clinical
establishment, an authorised medical practitioner or para-medics;
|
(ii) Services provided by way of
transportation of a patient in an ambulance, other than those specified in
(i) above;
|
|
2A.
|
Services
provided by cord blood banks by way of preservation of stem cells or any
other service in relation to such preservation;
|
2B.
|
Services
provided by operators of the Common Bio-medical Waste Treatment Facility to a
clinical establishment by way of treatment or disposal of bio-medical waste
or the processes incidental thereto;
|
3.
|
Services
by a veterinary clinic in relation to health care of animals or birds;
|
4.
|
Services
by an entity registered under section 12AA of the Income tax Act, 1961 (43 of
1961) by way of charitable activities;
|
5.
|
Services
by a person by way of-
|
(a)
renting of precincts of a religious place meant for general public; or
|
|
(b)
conduct of any religious ceremony;
|
|
5A.
|
Services
by a specified organisation in respect of a religious pilgrimage facilitated
by the Ministry of External Affairs of the Government of India, under
bilateral arrangement;
|
6.
|
Services
provided by-
|
(a) an
arbitral tribunal to -(i) any person other than a business entity; or (ii) a
business entity with a turnover up to rupees ten lakh in the preceding
financial year;
|
|
(As
Substituted with effect from 1st day of April, 2016)
(b) a
partnership firm of advocates or an individual as an advocate other than a
senior advocate, by way of legal services to-
(i) an
advocate or partnership firm of advocates providing legal services;
(ii) any
person other than a business entity; or
(iii) a
business entity with a turnover up to rupees ten lakh in the preceding
financial year; or
Senior
advocate‟ has the meaning assigned to it in section 16 of the Advocates Act,
1961 (25 of 1961);
|
|
(As
Substituted with effect from 1st day of April, 2016)
(c) a
senior advocate by way of legal services to a person other than a person
ordinarily carrying out any activity relating to industry, commerce or any
other business or profession
|
|
7
|
Omitted
|
8.
|
Services
by way of training or coaching in recreational activities relating to arts,
culture or sports;
|
9.
|
Services
provided,-
|
(a) by an
educational institution to its students, faculty and staff;
|
|
(b) to an
educational institution, by way of,-
(i)
transportation of students, faculty and staff;
(ii)
catering, including any mid-day meals scheme sponsored by the Government;
(iii)
security or cleaning or house-keeping services performed in such educational
institution;
(iv)
services relating to admission to, or conduct of examination by, such
institution;
|
|
“educational
institution” means an institution providing services by way of:
(i)
pre-school education and education up to higher secondary school or
equivalent;
(ii)
education as a part of a curriculum for obtaining a qualification recognised
by any law for the time being in force;
(iii)
education as a part of an approved vocational education course;
( with
effect from such date on which the Finance Bill, 2016 receives assent of the
President of India)
|
|
“approved
vocational education course” means, –
(i) a
course run by an industrial training institute or an industrial training
centre affiliated to the National Council for Vocational Training or State
Council for Vocational Training offering courses in designated trades
notified under the Apprentices Act, 1961 (52 of 1961); or
(ii) a
Modular Employable Skill Course, approved by the National Council of
Vocational Training, run by a person registered with the Directorate General
of Training, Ministry of Skill Development and Entrepreneurship;‟
( with
effect from such date on which the Finance Bill, 2016 receives assent of the
President of India)
|
|
9A
|
Any services provided by, _
|
(i) the
National Skill Development Corporation set up by the Government of India;
|
|
(ii) a
Sector Skill Council approved by the National Skill Development Corporation;
|
|
(iii) an
assessment agency approved by the Sector Skill Council or the National Skill
Development Corporation;
|
|
(iv) a
training partner approved by the National Skill Development Corporation or
the Sector Skill Council in relation to (a) the National Skill Development
Programme implemented by the National Skill Development Corporation; or (b) a
vocational skill development course under the National Skill Certification
and Monetary Reward Scheme; or (c) any other Scheme implemented by the
National Skill Development Corporation.
|
|
9B
|
(with
effect from 1st March, 2016)
Services provided by the Indian Institutes of
Management, as per the guidelines of the Central Government, to their
students, by way of the following educational programmes, except Executive
Development Programme, –
|
(a) two
year full time residential Post Graduate Programmes in Management for the
Post Graduate Diploma in Management, to which admissions are made on the
basis of Common Admission Test (CAT), conducted by Indian Institute of
Management;
|
|
(b) fellow
programme in Management;
|
|
(c)
five year integrated programme in Management.
|
|
9C
|
(With
effect from 1st day of April, 2016)
services
of assessing bodies empanelled centrally by Directorate General of Training,
Ministry of Skill Development and Entrepreneurship by way of assessments
under Skill Development Initiative (SDI) Scheme
|
9D
|
(With
effect from 1st day of April, 2016)
services
provided by training providers (Project implementation agencies) under Deen
Dayal Upadhyaya Grameen Kaushalya Yojana under the Ministry of Rural
Development by way of offering skill or vocational training courses certified
by National Council For Vocational Training.
|
10.
|
Services
provided to a recognised sports body by-
|
(a) an
individual as a player, referee, umpire, coach or team manager for
participation in a sporting event organized by a recognized sports body;
|
|
(b)
another recognised sports body;
|
|
11.
|
Services
by way of sponsorship of sporting events organised,-
|
(a) by a
national sports federation, or its affiliated federations, where the
participating teams or individuals represent any district, State, zone or
Country;
|
|
(b) by
Association of Indian Universities, Inter-University Sports Board, School
Games Federation of India, All India Sports Council for the Deaf, Paralympic
Committee of India or Special Olympics Bharat;
|
|
(c) by
Central Civil Services Cultural and Sports Board;
|
|
(d) as
part of national games, by Indian Olympic Association; or
|
|
(e) under
Panchayat Yuva Kreeda Aur Khel Abhiyaan (PYKKA) Scheme;
|
|
12.
|
Services
provided to the Government, a local authority or a governmental authority by
way of construction, erection, commissioning, installation, completion,
fitting out, repair, maintenance, renovation, or alteration of –
|
(a)
Omitted
|
|
(b) a
historical monument, archaeological site or remains of national importance,
archaeological excavation, or antiquity specified under the Ancient Monuments
and Archaeological Sites and Remains Act, 1958 (24 of 1958);
|
|
(c)
Omitted
|
|
(d) canal,
dam or other irrigation works;
|
|
(e)
pipeline, conduit or plant for (i) water supply (ii) water treatment, or
(iii) sewerage treatment or disposal;
|
|
(f)
Omitted
|
|
12A
|
(With
effect from 1st March, 2016)
Services
provided to the Government, a local authority or a governmental authority by
way of construction, erection, commissioning, installation, completion,
fitting out, repair, maintenance, renovation, or alteration of –
(a) a
civil structure or any other original works meant predominantly for use other
than for commerce, industry, or any other business or profession;
(b) a
structure meant predominantly for use as (i) an educational, (ii) a clinical,
or(iii) an art or cultural establishment; or
(c) a residential
complex predominantly meant for self-use or the use of their employees or
other persons specified in the Explanation 1 to clause (44) of section 65 B
of the said Act;
under a
contract which had been entered into prior to the 1st March, 2015 and on which appropriate stamp duty, where applicable, had
been paid prior to such date:
provided
that nothing contained in this entry shall apply on or after the 1st
April, 2020;
|
13.
|
Services
provided by way of construction, erection, commissioning, installation,
completion, fitting out, repair, maintenance, renovation, or alteration of,-
|
(a) a
road, bridge, tunnel, or terminal for road transportation for use by general
public;
|
|
(b) a
civil structure or any other original works pertaining to a scheme under
Jawaharlal Nehru National Urban Renewal Mission or Rajiv Awaas Yojana;
|
|
(ba) a
civil structure or any other original works pertaining to the „In-situ
rehabilitation of existing slum dwellers using land as a resource through
private participation‟under the Housing for All (Urban)
Mission!Pradhan Mantri Awas Yojana, only for existing slum dwellers. (with
effect from 1st March, 2016)
|
|
(bb) a
civil structure or any other original works pertaining to the
„Beneficiary-led individual house construction/ enhancement under the Housing
for All (Urban) Mission/Pradhan Mantri Awas Yojana; (with effect from 1st
March, 2016)
|
|
(c) a
building owned by an entity registered under section 12 AA of the Income tax
Act, 1961(43 of 1961) and meant predominantly for religious use by general
public;
|
|
(d) a
pollution control or effluent treatment plant, except located as a part of a
factory; or a structure meant for funeral, burial or cremation of deceased;
|
|
14.
|
Services
by way of construction, erection, commissioning, or installation of original
works pertaining to,-
|
(As
substituted with effect from 1st March, 2016)
(a)
railways, excluding monorail and metro;
Explanation.-The
services by way of construction, erection, commissioning or installation of
original works pertaining to monorail or metro, where contracts were entered
into before 1st March, 2016, on which appropriate stamp
duty, was paid, shall remain exempt.
|
|
(b) a
single residential unit otherwise than as a part of a residential complex;
|
|
(c) low-
cost houses up to a carpet area of 60 square metres per house in a housing
project approved by competent authority empowered under the ‘Scheme of
Affordable Housing in Partnership’ framed by the Ministry of Housing and
Urban Poverty Alleviation, Government of India;
|
|
(with
effect from 1st March, 2016)
(ca) low
cost houses up to a carpet area of 60 square metres per house in a housing
project approved by the competent authority under:
(i) the
“Affordable Housing in Partnership” component of the Housing for All (Urban)
Mission!Pradhan Mantri Awas Yojana;
(ii) any
housing scheme of a State Government.
|
|
(d) post-
harvest storage infrastructure for agricultural produce including a cold
storages for such purposes; or
|
|
(e)
mechanised food grain handling system, machinery or equipment for units
processing agricultural produce as food stuff excluding alcoholic beverages;
|
|
14A
|
(with
effect from 1st March, 2016)
Services
by way of construction, erection, commissioning, or installation of original
works pertaining to an airport or port provided under a contract which had
been entered into prior to 1st March, 2015 and on which appropriate stamp
duty, where applicable, had been paid prior to such date:
provided
that Ministry of Civil Aviation or the Ministry of Shipping in the Government
of India, as the case may be, certifies that the contract had been entered
into before the 1st March, 2015:
provided
further that nothing contained in this entry shall apply on or after the 1st April, 2020;
|
15.
|
Services
provided by way of temporary transfer or permitting the use or enjoyment of a
copyright,-
|
(a)
covered under clause (a) of sub-section (1) of section 13 of the Copyright
Act, 1957 (14 of 1957), relating to original literary, dramatic, musical or
artistic works; or
|
|
(b) of
cinematograph films for exhibition in a cinema hall or cinema theatre;
|
|
16.
|
Services by an artist by way of a performance
in folk or classical art forms of (i) music, or (ii) dance, or (iii) theatre,
if the consideration charged for such performance is not more than one
lakh and fifty thousand rupees:
Provided that the exemption shall not apply to
service provided by such artist as a brand ambassador.
(Rs. One
Lakh Been substituted by Rs. 1.50 Lakh wef 01.04.2016)
|
17.
|
Services
by way of collecting or providing news by an independent journalist, Press
Trust of India or United News of India;
|
18.
|
Services
by a hotel, inn, guest house, club or campsite, by whatever name called, for
residential or lodging purposes, having declared tariff of a unit of
accommodation below one thousand rupees per day or equivalent;
|
19.
|
Services
provided in relation to serving of food or beverages by a restaurant, eating
joint or a mess, other than those having the facility of air-conditioning or
central air-heating in any part of the establishment, at any time during the
year;
|
19A.
|
Services
provided in relation to serving of food or beverages by a canteen maintained
in a factory covered under the Factories Act, 1948 (63 of 1948), having the
facility of air-conditioning or central air-heating at any time during the
year.
|
20.
|
Services
by way of transportation by rail or a vessel from one place in India to
another of the following goods –
|
(a)
Omitted
|
|
(b) relief
materials meant for victims of natural or man-made disasters, calamities,
accidents or mishap;
|
|
(c)
defence or military equipments;
|
|
(d)
Omitted
|
|
(e)
Omitted
|
|
(f)
newspaper or magazines registered with the Registrar of Newspapers;
|
|
(g)
railway equipments or materials;
|
|
(h)
agricultural produce;
|
|
(i) milk,
salt and food grain including flours, pulses and rice;
|
|
(j)
chemical fertilizer, organic manure and oil cakes;
|
|
(k)
cotton, ginned or baled.
|
|
21.
|
Services
provided by a goods transport agency, by way of transport in a goods carriage
of,-
|
(a)
agricultural produce;
|
|
(b) goods,
where gross amount charged for the transportation of goods on a consignment
transported in a single carriage does not exceed one thousand five hundred
rupees;
|
|
(c) goods,
where gross amount charged for transportation of all such goods for a single
consignee does not exceed rupees seven hundred fifty;
|
|
(d) milk,
salt and food grain including flours, pulses and;
|
|
(e)
chemical fertilizer, organic manure and oil cakes;
|
|
(f)
newspaper or magazines registered with the Registrar of Newspapers;
|
|
(g) relief
materials meant for victims of natural or man-made disasters, calamities,
accidents or mishap; or
|
|
(h)
defence or military equipments;
|
|
(i)
cotton, ginned or baled.
|
|
22.
|
Services
by way of giving on hire –
|
(a) to a
state transport undertaking, a motor vehicle meant to carry more than twelve
passengers; or
|
|
(b) to a
goods transport agency, a means of transportation of goods;
|
|
23.
|
Transport
of passengers, with or without accompanied belongings, by –
|
(a) air,
embarking from or terminating in an airport located in the state of Arunachal
Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, or Tripura or
at Bagdogra located in West Bengal;
|
|
(b)
non-airconditioned contract carriage other than radio taxi, for
transportation of passengers, excluding tourism, conducted tour, charter or
hire; or;
|
|
bb) stage
carriage other than air-conditioned stage carriage; (with effect from 1st
June 2016)
|
|
(c)
Exemption to services for transport of passengers, with or without
accompanied belongings, by ropeway, cable car or aerial tramway
Omitted
With effect from 1st day of April, 2016
|
|
24.
|
Omitted
|
25.
|
Services
provided to Government, a local authority or a governmental authority by way
of –
|
(a) water
supply, public health, sanitation conservancy, solid waste management or slum
improvement and up-gradation; or;
|
|
(b) repair
or maintenance of a vessel
|
|
26.
|
Services
of general insurance business provided under following schemes –
|
(a) Hut
Insurance Scheme;
|
|
(b) Cattle
Insurance under Swarnajaynti Gram Swarozgar Yojna (earlier known as
Integrated Rural Development Programme);
|
|
(c) Scheme
for Insurance of Tribals;
|
|
(d) Janata
Personal Accident Policy and Gramin Accident Policy;
|
|
(e) Group
Personal Accident Policy for Self-Employed Women;
|
|
(f)
Agricultural Pumpset and Failed Well Insurance;
|
|
(g) premia
collected on export credit insurance;
|
|
(h)
Weather Based Crop Insurance Scheme or the Modified National Agricultural
Insurance Scheme, approved by the Government of India and implemented by the
Ministry of Agriculture;
|
|
(i) Jan
Arogya Bima Policy;
|
|
(j)
National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana);
|
|
(k) Pilot
Scheme on Seed Crop Insurance;
|
|
(l)
Central Sector Scheme on Cattle Insurance;
|
|
(m)
Universal Health Insurance Scheme;
|
|
(n)
Rashtriya Swasthya Bima Yojana; or
|
|
(o)
Coconut Palm Insurance Scheme;
|
|
(p)
Pradhan Mantri Suraksha Bima Yojna
|
|
(q)
Niramaya‟ Health Insurance Scheme implemented by Trust constituted under the
provisions of the National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (44 of
1999). (with effect from 1st April, 2016)
|
|
26A.
|
Services of life insurance business provided
under following schemes –
|
(a)
Janashree Bima Yojana (JBY); or
|
|
(b) Aam
Aadmi Bima Yojana (AABY);
|
|
(c) life
micro-insurance product as approved by the Insurance Regulatory and
Development Authority, having maximum amount of cover of fifty thousand
rupees.
|
|
(d)
Varishtha Pension Bima Yojana;
|
|
(e)
Pradhan Mantri Jeevan Jyoti Bima Yojana;
|
|
(f)
Pradhan Mantri Jan Dhan Yogana
|
|
26B
|
26B
Services by way of collection of contribution under Atal Pension Yojana
(APY).
|
26C
|
(With
effect from 1st day of April, 2016)
Services
of life insurance business provided by way of annuity under the National
Pension System regulated by Pension Fund Regulatory and Development Authority
of India (PFRDA) under the Pension Fund Regulatory And Development Authority
Act, 2013 (23 of 2013)
|
27.
|
Services
provided by an incubatee up to a total turnover of fifty lakh rupees in a
financial year subject to the following conditions, namely:-
|
(a) the
total turnover had not exceeded fifty lakh rupees during the preceding
financial year; and
|
|
(b) a
period of three years has not been elapsed from the date of entering into an
agreement as an incubatee;
|
|
28.
|
Service by
an unincorporated body or a non- profit entity registered under any law for
the time being in force, to its own members by way of reimbursement of
charges or share of contribution –
|
(a) as a
trade union;
|
|
(b) for
the provision of carrying out any activity which is exempt from the levy of
service tax; or
|
|
(c) up to
an amount of five thousand rupees per month per member for sourcing of goods
or services from a third person for the common use of its members in a
housing society or a residential complex;
|
|
29.
|
Services
by the following persons in respective capacities –
|
(a)
sub-broker or an authorised person to a stock broker;
|
|
(b)
authorised person to a member of a commodity exchange;
|
|
(c)
Omitted
|
|
(d)
Omitted
|
|
(e)
Omitted
|
|
(f)
selling agent or a distributer of SIM cards or recharge coupon vouchers;
|
|
(g)
business facilitator or a business correspondent to a banking company with
respect to a Basic Savings Bank Deposit Account covered by Pradhan Mantri Jan
Dhan Yojana in the banking company’s rural area branch, by way of account
opening, cash deposits, cash withdrawals, obtaining e-life certificate,
Aadhar seeding;
Basic Savings Bank Deposit Account means a Basic Savings Bank Deposit Account
opened under the guidelines issued by Reserve Bank of India relating thereto.
|
|
(ga) any
person as an intermediary to a business facilitator or a business
correspondent with respect to services mentioned in clause (g);
|
|
(gb)
business facilitator or a business correspondent to an insurance company in a
rural area;
|
|
(h)
sub-contractor providing services by way of works contract to another
contractor providing works contract services which are exempt;
|
|
30.
|
Carrying
out an intermediate production process as job work in relation to –
|
(a)
agriculture, printing or textile processing;
|
|
(b) cut
and polished diamonds and gemstones; or plain and studded jewellery of gold
and other precious metals, falling under Chapter 71 of the Central Excise
Tariff Act ,1985 (5 of 1986);
|
|
(c) any
goods excluding alcoholic liquors for human consumption, on which appropriate
duty is payable by the principal manufacturer; or
|
|
(d)
processes of electroplating, zinc plating, anodizing, heat treatment, powder
coating, painting including spray painting or auto black, during the course
of manufacture of parts of cycles or sewing machines upto an aggregate value
of taxable service of the specified processes of one hundred and fifty lakh
rupees in a financial year subject to the condition that such aggregate value
had not exceeded one hundred and fifty lakh rupees during the preceding
financial year;
|
|
31.
|
Services
by an organiser to any person in respect of a business exhibition held
outside India;
|
32.
|
Omitted
|
33.
|
Services
by way of slaughtering of animals;
|
34.
|
Services
received from a provider of service located in a non- taxable territory by –
|
(a)
Government, a local authority, a governmental authority or an individual in
relation to any purpose other than commerce, industry or any other business
or profession;
|
|
(b) an
entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961)
for the purposes of providing charitable activities; or
|
|
(c) a
person located in a non-taxable territory;
|
|
35
|
Services
of public libraries by way of lending of books, publications or any other
knowledge- enhancing content or material;
|
36.
|
Services
by Employees’ State Insurance Corporation to persons governed under the
Employees’ Insurance Act, 1948 (34 of 1948);
|
37.
|
Services
by way of transfer of a going concern, as a whole or an independent part
thereof;
|
38.
|
Services
by way of public conveniences such as provision of facilities of bathroom,
washrooms, lavatories, urinal or toilets;
|
39.
|
Services
by a governmental authority by way of any activity in relation to any
function entrusted to a municipality under article 243 W of the Constitution.
|
40.
|
Services
by way of loading, unloading, packing, storage or warehousing of rice,
cotton, ginned or baled;
|
41.
|
Services
received by the Reserve Bank of India, from outside India in relation to
management of foreign exchange reserves;
|
42.
|
Services
provided by a tour operator to a foreign tourist in relation to a tour
conducted wholly outside India.
|
Provisions Applicable from Such date as the
Central Government may, by notification in the Official Gazette, appoint
|
|
43.
|
Services by operator of Common Effluent
Treatment Plant by way of treatment of effluent;
|
44.
|
Services by way of pre-conditioning,
pre-cooling, ripening, waxing, retail packing, labelling of fruits and
vegetables which do not change or alter the essential characteristics of the
said fruits or vegetables;
|
45.
|
Services by way of admission to a museum,
national park, wildlife sanctuary, tiger reserve or zoo;
|
46.
|
Service provided by way of exhibition of movie
by an exhibitor to the distributor or an association of persons consisting of
the exhibitor as one of its members;
|
47.
|
Services by way of right to admission to,-
|
(i) exhibition of cinematographic film,
circus, dance, or theatrical performance including drama or ballet;
|
|
(ii) recognised sporting event;
|
|
(iii) award function, concert, pageant,
musical performance or any sporting event other than a recognised sporting
event, where the consideration for admission is not more than Rs 500 per
person..
|
|
48
|
(48)
Services provided by Government or a local authority to a business entity
with a turnover up to rupees ten lakh in the preceding financial year.
|
49
|
(With
effect from 1st day of April, 2016)
Services
provided by Employees‟ Provident Fund Organisation (EPFO) to persons governed
under the Employees‟ Provident Funds and Miscellaneous Provisions Act, 1952
(19 of 1952)
|
50
|
(With
effect from 1st day of April, 2016)
Services
provided by Insurance Regulatory and Development Authority of India (IRDA) to
insurers under the Insurance Regulatory and Development Authority of India
Act, 1999 (41 of 1999)
|
51
|
(With
effect from 1st day of April, 2016)
Services
provided by Securities and Exchange Board of India (SEBI) set up under the
Securities and Exchange Board of India Act, 1992 (15 of 1992) by way of
protecting the interests of investors in securities and to promote the
development of, and to regulate, the securities market;
|
52
|
(With
effect from 1st day of April, 2016)
Services
provided by National Centre for Cold Chain Development under Ministry of
Agriculture, Cooperation and Farmer‟s Welfare by way of cold chain knowledge
dissemination
|
53
|
(Inserted
with effect from 1st June 2016)
Services
by way of transportation of goods by an aircraft from a place outside India
upto the customs station of clearance in India.
|
54
|
Services provided by Government or a local
authority to another Government or local authority:
Provided
that nothing contained in this entry shall apply to services specified in
sub-clauses (i),(ii) and (iii) of clause (a) of section 66D of the Finance
Act, 1994;
|
55
|
Services provided by Government or a local
authority by way of issuance of passport, visa, driving licence, birth
certificate or death certificate;
|
56
|
Services provided by Government or a local
authority where the gross amount charged for such services does not exceed ₹ 5000/- :
Provided
that nothing contained in this entry shall apply to services specified in
sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance
Act, 1994:
Provided
further that in case where continuous supply of service, as defined in clause
(c) of rule 2 of the Point of Taxation Rules, 2011, is provided by the
Government or a local authority, the exemption shall apply only where the
gross amount charged for such service does not exceed ₹ 5000/- in a financial year;
|
57
|
Services
provided by Government or a local authority by way of tolerating
non-performance of a contract for which consideration in the form of fines
or liquidated damages is payable to the Government or the local authority
under such contract;
|
58
|
Services
provided by Government or a local authority by way of-
(a)
registration required under any law for the time being in force;
(b)
testing, calibration, safety check or certification relating to protection or
safety of workers, consumers or public at large, required under any law for
the time being in force;
|
59
|
Services
provided by Government or a local authority by way of assignment of right to
use natural resources to an individual farmer for the purposes of
agriculture;
|
60
|
Services
by Government, a local authority or a governmental authority by way of any
activity in relation to any function entrusted to a Panchayat under article
243G of the Constitution;
|
61
|
Services
provided by Government or a local authority by way of assignment of right to
use any natural resource where such right to use was assigned by the
Government or the local authority before the 1st April, 2016:
Provided
that the exemption shall apply only to service tax payable on one time charge
payable, in full upfront or in installments, for assignment of right to use
such natural resource;
|
62
|
Services
provided by Government or a local authority by way of allowing a business
entity to operate as a telecom service provider or use radiofrequency
spectrum during the financial year 2015-16 on payment of licence fee or
spectrum user charges, as the case may be;
|
63
|
Services
provided by Government by way of deputing officers after office hours or on
holidays for inspection or container stuffing or such other duties in
relation to import export cargo on payment of Merchant Overtime charges
(MOT).”.
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