CA Srikant Agarwal
We know that the rate of abatement and applicability of RCM (Reverse Charge Mechanism) play an important role while making payment of service tax to vendor and payment of service tax under RCM. In the article we have compiled all the provisions and notifications applicable for Abatement on service tax and Reverse charge mechanism. It would be beneficial for all those who are dealing with processing of vendor bills in relation to service tax and is liable to pay service tax under RCM.
The provisions relating to abatement is tabulated below:
In case abatement is applicable then the service tax is not payable on the whole amount of bill. Say for example in case of GTA (goods Transport Agency) the taxable rate is 25% (i.e 75% abatement is allowed). So in such a case if GTA bill is of Rs 1,00,000 then the applicable service tax would be 12.36% of (25% of 1,00,000) i.e Rs 3,090.
Abatement Rate chart under Service tax
S.N |
Service |
Taxable |
Effective rate as on date |
Condition for service provider |
1 |
Goods Transport Agency (GTA) (any person who pays or is liable to pay freight either himself or through his agent for the transportation of such goods by road in a goods carriage)Provided that when such person is located in a non-taxable territory, the provider of such service shall be liable to pay service tax. |
25% |
3.090% |
No cenvat credit availed |
2 |
Transport of goods by rail |
30% |
3.708% |
Nil |
3 |
Transport of passengers by rail |
30% |
3.708% |
Nil |
4 |
Transport of goods in a vessel from one port in India to another |
50% |
6.180% |
No cenvat credit availed |
5 |
Transport of passengers by air |
40% |
4.944% |
Cenvat credit on inputs and CG is not availed |
6 |
Supply of food or any other article of human consumption or any drink, in a restaurant / other premises |
40% |
4.944% |
Cenvat credit of goods in Ch. 1 to 22 not taken.Further, Rule 6 reversal required |
7 |
Supply of food in convention centre, pandal, shamiana etc |
70% |
8.652% |
Cenvat credit of goods in Ch. 1 to 22 not taken.Further, Rule 6 reversal required |
8 |
Accommodation in hotels, inns etc |
60% |
7.416% |
Cenvat credit on inputs and CG is not availed |
9 |
Renting of any motor vehicle designed to carry passengers |
40% |
4.944% |
No cenvat credit availed |
10 |
Package tour |
25% |
3.090% |
No cenvat credit availed.Bill incl. of charges for tour |
11 |
Booking accommodation |
10% |
1.236% |
-No cenvat credit availed– Bill indicates so– NA if invoice only for service charges |
12 |
Services other than 11 and 12 provided in relation to tour |
40% |
4.944% |
-No cenvat credit availed– Invoice is for gross amount |
13 |
Financial leasing services including hire purchase |
10% |
1.236% |
Nil |
14 |
Services in relation to chit |
70% |
8.652% |
No cenvat credit availed |
15 |
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,-(a) for a residential unit satisfying both the following conditions,namely:–(i) the carpet area of the unit is less than 2000 square feet; and(ii) the amount charged for the unit is less than rupees one crore;(b) for other than the (a) above |
a) 25%b) 30% |
a) 3.09%b) 3.708% |
(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. |
16 |
Works contracts entered into for execution of original works |
40% |
4.944% |
Cenvat credit on inputs not availed |
17 |
Works contracts entered into for maintenance or repair or reconditioning or restoration or servicing of any goods |
70% |
8.652% |
Cenvat credit on inputs not availed |
18 |
For other works contracts, not covered under sr. no. 16 and 17 , including maintenance, repair, completion and finishing services such as glazing, plastering, floor and wall tiling, installation of electrical fittings of an immovable property |
60% |
7.416% |
Cenvat credit on inputs not availed |
The provisions relating to RCM (Reverse Charge Mechanism) is tabulated below:
In case of Reverse Charge mechanism the service receiver is either required to pay the whole amount of service tax or part of the amount of service tax. Say for example in case of works contract the service recipient is required to pay 50% of the amount of service tax. Again in case of Original works the taxable portion is 40% only. So if the total amount of bill before service tax is Rs 1,00,000 then the service recipient is required to pay Rs 1,00,000*12.36%*40%*50% = Rs 2,472 as service tax under RCM and Rs 2,472 is required to be paid by vendor.
RATES OF SERVICE TAX FOR SERVICE PROVIDER AND RECEIVER UNDER REVERSE CHARGE MECHANISM
|
S.N |
Service |
Service Recipient |
% of Service tax payable |
|
|
Provider |
Recipient |
|||
|
1 |
Provided by person who is located in non-taxable territory and received by any person located in taxable territory (In case of foreign services and services from J&K) | Any person |
Nil |
100% |
|
2 |
Works contract services by individual, HUF, firm or AOP | Body corporate |
50% |
50% |
|
3 |
Manpower supply for any purposes or security services by individual, HUF, firm or AOP | Body corporate |
25% |
75% |
|
4 |
Renting of vehicle to any person who is not engaged in the similar line of business to carry passenger by individual, HUF, firm or AOP – With abatement – Without abatement |
Body corporate |
Nil (With Abatement) 60% (Without Abatement) |
100% (With Abatement) 40% (Without Abatement) |
|
5 |
Support services by Government and Local Authority (excluding renting and 66D (a) (i) to (iii) | Business Entity |
Nil |
100% |
|
6 |
Provided or agreed to be provided by a director of a company to the said company (w.e.f. 7 August 2012 vide Not. 45/2012) | Body corporate |
Nil |
100% |
|
7 |
Individual advocate | Business entity |
Nil |
100% |
|
8 |
Arbitral Tribunal | Business entity |
Nil |
100% |
|
9 |
Sponsorship | Body corporate or Partnership Firm |
Nil |
100% |
|
10 |
GTA (Goods Transport Agency) | Company, P. Firm, Factory, Society, excise registered assessee |
Nil |
100% |
|
11 |
Insurance agent to insurance companies | Insurance business |
Nil |
100% |
Download Reverse Charge Mechanism and Abatement Rate Chart under Service tax
Author Bio
hello sir
we are enter into work contact like
(comprehensive maintenance charges)
contractors provide invoice with below taxes
15 % vat
15 % service tax
reason????
dear sir, pls tell if we are a manufacturing company & we are a service receiver then we can take cenvat credit……… ????
Dear sir, please tell me can we take cenvat credit of reverse charge mechanism input services
…….. ????
Sir I joined RCM & buy goods ie soap Rs 22/- for Rs. 21/- which is product price is only Rs 12/- If I buy that soap Rs 21 I have to sell it to my my customers then where is my profits? so please show me catalog