[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Ministry of Finance
(Department of Revenue)
Notification No.
26/2012- Service Tax
New Delhi, the 20th June, 2012
G.S.R….. (E). - In exercise of the powers
conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of
1994) (hereinafter referred to as the said Act), and in supersession of notification number
13/2012- Service Tax, dated the 17th March, 2012, published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R. 211 (E), dated the 17th March, 2012, the Central
Government, being satisfied that it is necessary in the public interest so to
do, hereby exempts the taxable service of the description specified in column
(2) of the Table below, from so much of the service tax leviable thereon
under section 66B of the said Act, as is in excess of the
service tax calculated on a value which is equivalent to a percentage specified
in the corresponding entry in column (3) of the said Table, of the amount
charged by such service provider for providing the said taxable service, unless
specified otherwise, subject to the relevant conditions specified in the
corresponding entry in column (4) of the said Table, namely;-
Table
|
Sl.
No. |
Description
of taxable
service |
Percent-
age
|
Conditions
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
1
|
Services in relation to financial
leasing including hire purchase
|
10
|
Nil.
|
|
2
|
Transport of goods by rail
|
30
|
Nil.
|
|
3
|
Transport of passengers,
with or without accompanied belongings by rail
|
30
|
Nil.
|
|
4
|
Bundled service by way of supply
of food or any other article of human consumption or any drink, in a premises
( including hotel, convention center, club, pandal,shamiana or any
other place, specially arranged for organizing a function) together with
renting of such premises
|
70
|
(i) CENVAT credit on any goods
classifiable under Chapters 1 to 22 of the Central Excise Tariff Act, 1985 (5
of 1986) used for providing the taxable service, has not been taken under the
provisions of the CENVAT Credit Rules, 2004.
|
|
5
|
Transport of passengers by air,
with or without accompanied belongings
|
40
|
CENVAT credit on inputs and
capital goods, used for providing the taxable service, has not been taken
under the provisions of the CENVAT Credit Rules, 2004.
|
|
6
|
Renting of hotels, inns, guest
houses, clubs, campsites or other commercial places meant for residential or
lodging purposes.
|
60
|
Same
as above.
|
|
7
|
Services of goods transport agency
in relation to transportation of goods.
|
25
|
CENVAT credit on inputs, capital
goods and input services, used for providing the taxable service, has not
been taken under the provisions of the CENVAT Credit Rules, 2004.
|
|
8
|
Services provided in relation to
chit
|
70
|
Same
as above.
|
|
9
|
Renting of any motor vehicle
designed to carry passengers
|
40
|
Same
as above.
|
|
10
|
Transport of goods in a vessel
|
50
|
Same
as above.
|
|
11
|
Services by
a tour operator in relation to,-
(i) a
package tour
|
25
|
(i) CENVAT credit on inputs,
capital goods and input services, used for providing the taxable service, has
not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii) The bill issued for this
purpose indicates that it is inclusive of charges for such a tour.
|
|
(ii) a
tour, if the tour operator is providing services solely of arranging or
booking accommodation for any person in relation to a tour
|
10
|
(i)
CENVAT credit on inputs, capital goods and input services, used for providing
the taxable service, has not been taken under the provisions of the CENVAT
Credit Rules, 2004.
(ii)
The invoice, bill or challan issued indicates that it is towards
the charges for such accommodation.
(iii) This exemption shall not
apply in such cases where the invoice, bill or challanissued by the tour
operator, in relation to a tour, only includes the service charges for
arranging or booking accommodation for any person and does not include the
cost of such accommodation.
|
|
|
(iii) any services other than specified at (i)
and (ii) above.
|
40
|
(i) CENVAT credit on inputs,
capital goods and input services, used for providing the taxable service, has
not been taken under the provisions of the CENVAT Credit Rules, 2004.
(ii)The bill issued indicates that
the amount charged in the bill is the gross amount charged for such a tour.
|
|
|
12.
|
Construction of a complex,
building, civil structure or a part thereof, intended for a sale to a buyer,
wholly or partly except where entire consideration is received after issuance
of completion certificate by the competent authority
|
25
|
(i) CENVAT credit on inputs used
for providing the taxable service has not been taken under the provisions of
the CENVAT Credit Rules, 2004.
(ii)The value of land is included
in the amount charged from the service receiver.
|
Explanation. –
A. For the purposes of exemption at Serial number 1
-
(i) The amount charged shall be an amount, forming or
representing as interest, i.e. the difference between the installments paid
towards repayment of the lease amount and the principal amount contained in
such installments;
(ii) the exemption shall not apply to an amount, other than an amount
forming or representing as interest, charged by the service provider such as
lease management fee, processing fee, documentation charges and administrative
fee, which shall be added to the amount calculated in terms of (i) above.
B. For the purposes of exemption at Serial number 4
-
The amount charged shall be the sum total of the
gross amount charged and the fair market value of all goods and services
supplied in or in relation to the supply of food or any other article of
human consumption or any drink (whether or not intoxicating) and
whether or not supplied under the same contract or any other
contract, after deducting-
(i) the amount
charged for such goods or services supplied to the service
provider, if any; and
(ii) the value
added tax or sales tax, if any, levied
thereon:
Provided that
the fair market value of goods and services so supplied may be determined in
accordance with the generally accepted accounting
principles.
C. For
the purposes of exemption at Serial number 12 –
The amount
charged shall be the sum total of the amount charged for
the service including the fair market value of all goods and services supplied
by the recipient(s) in or in relation to the service, whether or not supplied
under the same contract or any other contract, after deducting-
(i) the amount
charged for such goods or services supplied to the service provider, if any;
and
(ii) the value
added tax or sales tax, if any, levied thereon:
Provided that
the fair market value of goods and services so supplied may be determined in
accordance with the generally accepted accounting
principles.
2. For
the purposes of this notification, unless the context otherwise requires,-
a. “chit” means a transaction whether called chit,
chit fund, chitty, kuri, or by whatever name by or under which a person
enters into an agreement with a specified number of persons that every one of
them shall subscribe a certain sum of money (or a certain quantity of grain
instead) by way of periodical installments over a definite period and that each
subscriber shall, in his turn, as determined by lot or by auction or by tender
or in such other manner as may be specified in the chit agreement, be entitled
to a prize amount,
b. "package tour" means a tour wherein transportation,
accommodation for stay, food, tourist guide, entry to monuments and other
similar services in relation to tour are provided by the tour operator as part
of the package tour to the person undertaking the tour,
c. “tour operator” means any person engaged in the
business of planning, scheduling, organizing, arranging tours (which may
include arrangements for accommodation, sightseeing or other similar services)
by any mode of transport, and includes any person engaged in the business of
operating tours,
3. This
notification shall come into force on the 1st day of July, 2012.
[F.No. 334 /1/ 2012-TRU]
(Rajkumar Digvijay)
Under
Secretary to the Government of India
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