1. In exercise of the powers conferred by sub-section
(1) of section 93 of the Finance Act, 1994 (32 of 1994).
2. Superseding notification
number 13/2012- Service Tax, dated the 17th March, 2012.
3. This notification shall
come into force on the 1st day of July
Abatement notification
Taxable Value Limited to
Colum no 3 (Abatement shall be 100% - Colum No 3)
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 challan issued 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 Services in relation to
financial leasing including hire purchase:
(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. 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:
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. 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
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,
“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.
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