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Notification No.18/2016-Service Tax Dated 1/3/2016

Seeks to amend notification No. 30/2012-Service Tax dated 20th June, 2012, so as to prescribe, the extent of service tax payable by the service provider and any other person liable for paying service tax other than the service provider.

Seeks to amend notification No. 30/2012-Service Tax dated 20th June, 2012, so as to prescribe, the extent of service tax payable by the service provider and any other person liable for paying service tax other than the service provider.

CBEC vide Notification No. 18/2016-Service Tax, Dated: March 01, 2016 has amended Reverse Charge Notification, effective 01.04.2016, as follows:

a) The taxable services provided or agreed to be provided by a mutual fund agent or distributor, to a mutual fund or asset management Company are now outside the purview of Reverse Charge. From now tax would be payable by the service provider. (Para A(ib) omitted)

b) The taxable services provided or agreed to be provided by a selling or marketing agent of lottery tickets in relation to a lottery in any manner to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, (ParaI clause A(ic) substituted)

c) The taxable services provided or agreed to be provided by a firm of advocates or an individual advocate other than senior advocate, by way of legal services (Para I clause A(iv)(B) substituted) (Rule 2(1)(d)(i) (D)(II) of Service Tax Rules amended)

S.No Description of a service Percentage of service tax payable by the person providing service Percentage of service tax payable by any person liable for paying service tax other than the service provider
1B in respect of services provided or agreed to be provided by a mutual fund agent or distributor, to a mutual fund or asset management company Nil 100%
1C in respect of service provided or agreed to be provided by a selling or marketing agent of lottery tickets to a lottery distributor or selling agent

in respect of services provided or agreed to be provided by a selling or marketing agent of lottery tickets in relation to lottery in any manner to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, 1998 (17 of 1998)

Nil 100%
5A in respect of services provided or agreed to be provided by a director of a company or a body corporate to the said company or the body corporate

in respect of services provided or agreed to be provided by a firm of advocates or an individual advocate other than a senior advocate by way of legal services

Nil 100%
6. in respect of services provided or agreed to be provided by Government or local authority by way of support services excluding,- (1) renting of immovable property, and (2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of section 66D of the Finance Act, 1994 Nil 100%

[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)
NOTIFICATION
No. 18/2016-Service Tax

New Delhi, the 1st March, 2016

G.S.R.266 (E).-In exercise of the powers conferred by sub-section (2) of section 68 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 30/2012-Service Tax, dated the 20thJune, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 472 (E), dated the 20thJune, 2012, namely:-

1. In the said notification,-

(a) in paragraph I, in clause (A),-

(i) sub-clause (ib) shall be omitted;

(ii) for sub-clause (ic), the following shall be substituted, namely:-

“(ic) provided or agreed to be provided by a selling or marketing agent of lottery tickets in relation to a lottery in any manner to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, 1998 (17 of 1998);”;

(iii) in sub-clause (iv), for item (B), the following shall be substituted, namely:-

“(B) a firm of advocates or an individual advocate other than senior advocate, by way of legal services, or”;

(b) in paragraph (II), in the TABLE,-

(i)  No. 1B and the entries relating thereto shall be omitted;

(ii)  against Sl. No. 1C, for the entry under column (2), the following shall be substituted, namely:-

“in respect of services provided or agreed to be provided by a selling or marketing agent of lottery tickets in relation to lottery in any manner to a lottery distributor or selling agent of the State Government under the provisions of the Lottery (Regulations) Act, 1998 (17 of 1998)”;

(iii)       against Sl. No. 5, for the entry under column (2), the following shall be substituted, namely:-

“in respect of services provided or agreed to be provided by a firm of advocates or an individual advocate other than a senior advocate by way of legal services”;

(iv)        against Sl. No. 6, in column (2), the words “by way of support services” shall be omitted.

2. This notification shall come into force on the 1stday of April, 2016.

[F.No. 334 /08/ 2016-TRU]

(K. Kalimuthu)

Under Secretary to the Government of India

Note :- The principal notification was published in the Gazette of India Extraordinary,vide  notification No. 30/2012 – Service Tax, dated the 20thJune, 2012, vide number G.S.R. 472 (E),  dated the 20thJune, 2012 and last amended vide notification No. 7/2015-Service Tax, dated the 1st March, 2015 vide number G.S.R. 161(E), dated the 1st March, 2015.

Categories: Service Tax

View Comments (2)

  • To the admin,
    I think u have typed the wrong date in the heading of the notification. Isn't it Notification No: 18/2016 dated "1/3/2016" instead of "1/3/2015" ??

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