Analysis of Service tax rate increase from 12.36% to 14% (Subsuming EC and SHEC) effective from 01.06.2015

After the Hon’ble President has given assent to the Finance Bill, 2015 on May 14, 2015, the Ministry of Finance, Department of Revenue vide Notification No. 14/2015-ST dated May 19, 2015 has notified increase in the rate of Service tax from 12.36% to flat 14% (Subsuming Education Cess and Secondary & Higher Secondary Education Cess) to be effective from June 1, 2015.

Service Tax Rate Earlier 12.36% New 14.00% (all inclusive)

 In respect of certain services like money changing service, service provided by air travel agent, insurance service and service provided by lottery distributor and selling agent the service provider has been allowed to pay service tax at an alternative rate subject to the conditions as prescribed under rule 6 (7), 6(7A), 6(7B) and 6(7C) of the Service Tax Rules, 1994. Consequent to the upward revision in Service Tax rate, the said alternative rates shall also be revised proportionately. The new rates are summarized in the table below:

Service Old Rate New Rate
Air Travel Agent
Domestic booking 0.6 per cent 0.7 per cent
International booking 1.2 per cent 1.4 per cent
Life insurance
First year premium 3 per cent 3.5 per cent
Subsequent year premium 1.5 per cent 1.75 per cent
Money changing service
Amount of currency exchanged upto INR 0.1 million 0.12 per cent subject to minimum of INR 30 0.14 per cent subject to minimum of INR 35
Amount of currency exchanged exceeding INR 0.1 million and upto INR1 million INR 120 and 0.06 per cent INR 140 and 0.07 per cent
Amount of currency exchanged exceeding INR1 million INR 660 and 0.012 per cent subject to maximum of INR 6,000 INR 770 and 0.014 per cent subject to maximum of INR 7,000
Lottery
Where guaranteed prize payout is more than 80 per cent INR 7,000 INR 8,200
Where guaranteed prize payout is less than 80 per cent INR 11,000 INR 12,800

POINT OF TAXATION WHEN THERE IS CHANGE IN EFFECTIVE RATE OF TAX

Point of taxation involving change in effective rate of tax is governed by Rule 4 of the POT Rules, which provides for determination of Point of taxation when there is change in effective rate of tax as mentioned in the table below:

S. No. In case a taxable service has been provided Invoice has been issued Payment received for the invoice Point of taxation shall be Applicable Rate
1. BEFORE the change in effective rate of tax AFTER the change in effective rate of tax AFTER the change in effective rate of tax Date of issuance of invoice or Date of receipt of payment, whichever is earlier New Rate
2. BEFORE the change in effective rate of tax AFTER the change in effective rate of tax Date of issuance of invoice Old Rate
3. AFTER the change in effective rate of tax BEFORE the change in effective rate of tax Date of receipt of payment Old Rate
4. AFTER the change in effective rate of tax BEFORE the change in effective rate of tax AFTER the change in effective rate of tax Date of receipt of payment New Rate
5. BEFORE the change in effective rate of tax BEFORE the change in effective rate of tax Date of issuance of invoice or Date of receipt of payment, whichever is earlier Old Rate
6. AFTER the change in effective rate of tax BEFORE the change in effective rate of tax Date of issuance of invoice New Rate

 SWACHH BHARAT CESS

Swachh Bharat Cess is not notified till date, it will be notified separately at a later date.

Only an enabling provision is being incorporated in the Finance Bill, 2015 to empower the Central Government to impose a Swachh Bharat Cess on all or any of the taxable services at a rate of 2% on the value of such taxable services. The cess shall be levied from the date to be notified after the enactment of the Finance Bill 2015.

Hence, an illustrative clarification to this effect is much warranted from the Board before the new rate of Service becoming effective from June 1, 2015.

BALANCE OF EDUCATION CESS AND SECONDARY AND HIGHER EDUCATION CESS AS ON 01-06-2015

The question arises what will happen to the balance lying in ‘Education Cess’ and ‘Secondary and Higher Education Cess’ as on June 1, 2015. Will it be allowed to be adjusted with Service tax liability as this is being denied in terms of Rule 3(7)(b) of the Cenvat Credit Rules, 2004 (“the Credit Rules”).

Recently, the CBEC has issued a Notification No. 12/2015-Central Excise (N.T.) dated 30-04-2015 in respect of Central Excise on the same issue in case of Excise.

( Author – CA. Chitresh Gupta, B.Com(H), FCA, IFRS (Certified), IDT (Certified) is Author of Book “An Insight Into Goods & Service Tax”  and also Managing Partner at M/s Chitresh Gupta & Associates)

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0 responses to “Analysis of Service tax rate increase from 12.36% to 14%”

  1. nagarajan says:

    kindly provide service tax of contractor and hotel industries and, service apartments rates etc

  2. Rajbir Singh says:

    Please provide me all sheet of service tax like contractor ,transporter,hotel etc.

  3. leelaram chaudhary says:

    Dear Sir,
    a labour supplier”called is manpower survce under 100% RCM BUT SP charge commission on the same bill supply of labour which is not cover under reverse charge service

    should be charge separet bill “commission on labour supply”or can coverd under RCM “MANPOWER SURVCE”

    PLEASE GUIDE URGENT.

  4. pankaj says:

    Dear Sir

    sir wate is the rate of service tax for renting a travel agence(PVT.LTD.Agence) old rate 6.18% and can be take(1 jun 2015) cenvat credit.

    Thanks

  5. SOMANSHU says:

    Provide me rate of service tax on Hotels, Restaurants, Hotl rooms, Liquar Bar etc

  6. SOMANSHU says:

    Sir,
    Please provide new service tax rate on Hotels i.e Hotel rooms, restaurant etc.

  7. Narender says:

    Sir what is the rate of service tax for renting a cab(travel agency).old rate was 4.94% and can we take cenvat credit

  8. pratap says:

    what is rate of service tax on restaurent After 1 June’2015

    old rate 4.944%

  9. Yallanna says:

    Kindly provide the details of the rate of service tax and how to calculate in construction work

  10. CH Sreenivasa Rao says:

    Resp.sir

    Kindly provide the details of the rate of Service tax and All other Cess in the field of Transport of goods by road (GTA)

  11. Deepak Kumar says:

    Dear Chtresh Sir,

    Plz clarify the Point No. 4 in your tabular presentation of point of taxation !

    Egarly awaiting your learned & expert response on the matter !

    Thanks !

  12. PRASHANTA KUMAR PUHAN says:

    Sir
    Kindly provide the details of the rate of Service tax and All other Cess from effective date 01.06.2015 in the field of Restaurant & Hotel Industries.

  13. BIMAL KUMAR ADVOCATE says:

    kindly sugest me, a person is doing job work as contractor in BSNL. as per direction of BSNL he has taken registrion with service tax department in category of MAINTENANCE OR REPAIR. Sinc 2007. BUT, BSNL did not paid service tax on tender amount sinc long. further service tax served a demand notice for Rs. 8436941/- on gross turnover from f/y 2008 to 2013-14 to service provider. HOW CAN GET RELIEF FROM TAX

  14. BIMAL KUMAR ADVOCATE says:

    THANK YOU SIR FOR YOUR KIND INFORMATION

  15. Sarfaraz Khan says:

    In the fourth example of the table why is new rate applicable even though the invoice was raised before the date of change of rate? In that case whether the invoice would be required to be revised?

  16. BAPAN LAHA says:

    Sir
    Kindly provide the details of the rate of Service tax and All other Cess in the field of Restaurant & Hotel Industries.

  17. CA. Saurabh says:

    Sir,

    Section 67A states that rate of tax will be applicable when services are provided or to be provided. So there is a conflict between Section 67A and Rule 4 of POT.
    What is the way out for the same?

  18. Nirav says:

    Dear Sir,

    In 4th case for Point of Taxation, there should be Old Rate as per my view as the Date of Invoice is point of taxation, and the date of invoice is earlier than 01.06.2015, ST rate should be 12.36% for the same

  19. Mohammed Rahil says:

    Can i have the calculation for hike of service tax 14%,like what is the percentage of education cess.and secondary education cess.and service tax

  20. Thipesh.G says:

    Kindly provide the link of service tax revised ammendment

  21. Balaji A says:

    Thank you very much our updation

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