Service Tax India

New Service Tax Law Effective from 01,July 2012.

Negative List of Services

Earlier service tax was levied in India on specified taxable services only. In budget 2012 a new system of taxation of services popularly known as Negative List is announced.

As per the new system all services, except those specified in the service tax negative list, will be subject to taxation.

(a) Services by Government or a local authority excluding the following services to the extent they are not covered elsewhere:

  1. services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Government;

  2. services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;

  3. transport of goods or passengers; or

  4. support services, other than services covered under clauses (i) to (iii) above, provided to business entities.

(b) Services by the Reserve bank of India.

(c) Services by a foreign diplomatic mission located in India.

(d) Services relating to agriculture or agricultural produce by way of

  1. agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or seed testing;

  2. supply of farm labour;

  3. processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter essential characteristics of agricultural produce but make it only marketable for the primary market;

  4. renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;

  5. loading, unloading, packing, storage or warehousing of agricultural produce;

  6. agricultural extension services;

  7. services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce.

(e) Trading of goods.

(f) Any process amounting to manufacture or production of goods.

(g) Selling of space or time slots for advertisements other than advertisements broadcast by radio or television.

(h) Service by way of access to a road or a bridge on payment of toll charges.

(i) Betting, gambling or lottery.

(j) Admission to entertainment events or access to amusement facilities.

(k) Transmission or distribution of electricity by an electricity transmission or distribution utility.

(l) Services by way of

  1. pre-school education and education up to higher secondary school or equivalent;

  2. education as a part of a curriculum for obtaining a qualification recognized by law;

  3. education as a part of an approved vocational education course.

(m) Services by way of renting of residential dwelling for use as residence;

(n) Services by way of

  1. extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount;

  2. inter-se sale or purchase of foreign currency amongst banks or authorized dealers of foreign exchange or amongst banks and such dealers;

(o) Service of transportation of passengers, with or without accompanied belongings, by

  1. a stage carriage;

  2. railways in a class other than

    1. first class; or

    2. an air conditioned coach;

  3. metro, monorail or tramway;

  4. inland waterways;

  5. public transport, other than predominantly for tourism purpose, in a vessel between places located in India; and

  6. metered cabs, radio taxis or auto rickshaws;

(p) Services by way of transportation of goods

  1. by road except the services of

    1. a goods transportation agency; or

    2. a courier agency;

  2. by an aircraft or a vessel from a place outside India up to the customs station of clearance in India; or

  3. by inland waterways;

(q) Funeral, burial, crematorium or mortuary services including transportation of the deceased.

In addition to the Service Tax Negative List, certain exemptions have been given. The negative list of services is contained in section 66D of the Finance Act.

The taxability of services or the charge of service tax has been specified in section 66B of the Act. To be a taxable a service should be

  1. provided or agreed to be provided by a person to another

  2. in the taxable territory

  3. and should not be specified in the Service Tax Negative List.

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