Declared services are activities that have been specified in section 66e of the act. When such activities are carried out by one person for another in the taxable territory for a consideration then such activities are taxable services. D in section 66d, in clause d, in subclause i, the word seed shall be omitted. Services exempted by a notification issued under subsection 1 of section 93 of the finance act, 1994 i. Chapter v of finance act, 1994 ministry of finance. I would also like to bring into your kind notice that the term immovable property has not been defined in the finance act, 1994. List of exempted services in service tax negative list as. Chapter v of the finance act, 1994 as amended service tax.
Finance act, 1994 32 of 1994 hereinafter referred to as the said act and in supersession of notification number 122012 service tax, dated the 17th march, 2012, published in the gazette of india, extraordinary, part ii, section 3, subsection i vide number g. So to level the field for both resident and nonresident and also to increase the tax revenue, government introduced section 66a through finance act, 2006. Changes in the finance act, 1994 and rules except mega. On the contrary, the finance bill, 2015 also proposes some amendments to overcome many judicial pronouncements decided in favour of the assessee. In exercise of the powers conferred by subsection 1 read with subsection 2 of section 94 of the finance act, 1994 32 of 1994, the central government hereby makes the following rules for the purpose of the assessment and collection of service tax, namely. An act to grant certain duties, to alter other duties, and to amend the law relating to the national debt and the public revenue, and to make further provision in connection with finance. Charge of service tax on services received from outside india. Service tax in india on overseas online services being.
Chapter v of the finance act, 1994 as amended by the finance act. Service tax chapter v of the finance act, 1994 section 64. The words agreed to be provided are off prime importance. This section is also popularly known as reverse charge mechanism. Agreed to be provided means it also covers the cases where services are provided on credit. Service tax act chapter v of the finance act, 1994 section. Tag service tax under section 66b of the finance act 1994. The provision of this section shall not apply on or after 1st july, 2012. Declared service as per section 66e e of the finance act, 1994, agreeing to the obligation.
Section 66d of finance act, 1994 specifies the negative list of services i. Section 67 valuation of taxable services of charging. As per section 326 of general clauses act, immovable property shall include land, benefit to arise out of land and things attached to the earth, or permanently fastened to anything attached to earth. Scope of service in terms of this entry, the following activities, if carried out by a person for another for. Vide entry 97 of schedule vii of the constitution of india, the central government levies service tax through chapter v of the finance act, 1994. Chapter v effectiveness of tax administration and internal. The negative list shall comprise of the following services, namely. Finance act, 1994 or any other act for the time being in force, shall be. Negative list of services under section 66d of the finance act. The negative list is mentioned in finance act 2012. Services provided by government or a local authority to an individual who may be carrying out a profession or business.
Production of documents on transfer of land in northern ireland. Several minute changes are proposed in the finance act, 1994. When the vec is offered by an institution, as an independent entity in the form of society or any other similar body, service tax treatment is determinable by the application of either subclause ii or iii of clause l of section 66d of the finance act, 1994. Service tax act chapter v of the finance act, 1994 cbic. Reduced rate of capital gains tax on certain disposals of shares by individuals. Service tax chapterv of the finance act 1994 as amended. As per the finance act, 1994, service tax has to be paid by the service provider while for providing any service at the rate mentioned under section 66b, which shall be collected from service recipient. The taxable services are defined in section 65 of the finance act, 1994. Important sections inserted in finance act, 1994 applicable from 01. Changes in negative list as given us 66d of chapter v of finance act, 1994 entries related with educational services proposed to be removed from negative list presently, clause i of section 66d of the act negative list covers specified educational services. The following nine activities have been specified in. Service tax had been first levied at a rate of five per cent flat from 1 july 1994 till may 2003, at the rate of eight percent flat w. Finance act 1994 is up to date with all changes known to be in force on or before 06 may 2020.
Service tax act chapter v of the finance act, 1994 as on 142017 section 64. Further, in case of continuous service, the exemption shall be applicable where the gross amount charged for such service does not exceed rs. However the finance act did not mention the date of implementation of the same, which was notified through notification no. These rules are called the service tax rules, 1994. Section 66a creates a charge on service recipient in some cases, basically in the cases of import. As per section 66b of the finance act, 1994, service tax should be levied on all services except the services which are specified in section 66d of the said act. One of the striking features of the finance bill, 2015 is that no amendment has been proposed with retrospective effect. The examination committee at its 498th meeting held on september 23, 2012 has decided that the following sections of the finance act, 1994 rules will be covered under point no. Section 66b of finance act, 1994, states that service tax shall be charged at the rate notified by the government from time to time on value of all taxable services.
To do an act, has been specified as declared service. Section 66a of finance act, 1994 the reverse charge. Chapter v of finance act, 1994 tax management india. A negative list of services under service tax implies two things. However, the said exemption does not cover services specified in subclauses i, ii and iii of clause a of section 66d of the finance act, 1994. Chapter ii service tax on commercial training or coaching. Section 66b of finance act, 1994 charge of service tax. Classification of taxable services upto 3062012 section 65b. The service provider collects the tax and pays the same to the government. In this chapter, unless the context otherwise requires, 1 actionable claim shall have the meaning assigned to it in section 3 of the transfer of property act, 1882 4 of 1882. There are changes that may be brought into force at a future date.
Relevant extracts of the same are given below see also the highlighted portion. The rate of service tax was increased to 12% by finance act, 2006 w. In this chapter, unless the context otherwise requires, a. Finance act 1994 complete act citation 50783 bare act.
However, in the year 2012, service tax took a big turnaround, and the whole concept of service tax was changed. Eximkey india dgft, customs, excise, export import policy. Earlier, the charge was created through section 66. Penalty for contravention of rules and provisions of. Negative list of service tax for 2014 as per section 66d revised as per latest budget is give below. Section 66d is been inserted in finance act, 1994 by finance act, 2012 and been notified to be effective from 1st july 2012 vide notification no. Service tax is a tax imposed by government of india on services provided in india. According to section 69 of finance act, 1994, as amended, read with rule 4 of service tax rules 1994, every person liable for paying the service tax shall make an application in form st1 for registration within a period of 30 days from the date on which the service tax under section 66 b of the finance act, 1994, is levied.
This section was introduced by finance act, 2006 w. Since then it was amended time to time by government of india keeping in mind the practical problems and the need for tax revenue. The section 66d introduced in the finance act, 1994 states that the negative list would be comprising of the following. Taxable territory is defined in section 65b of the finance act 1994.
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