[TO BE PUBLISHED IN THE GAZETTE OF
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 26/2012- Service Tax
G.S.R….. (E). - In
exercise of the powers conferred by sub-section (1) of section 93 of the
Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Act), and in supersession of notification
number 13/2012- Service Tax, dated the 17th March, 2012, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R. 211 (E), dated the 17th March, 2012, the Central
Government, being satisfied that it is necessary in the public interest so to
do, hereby exempts the taxable service of the description specified in column
(2) of the Table below, from so much of the service tax leviable
thereon under section 66B of the said Act, as is in excess of the service tax
calculated on a value which is equivalent to a percentage specified in the
corresponding entry in column (3) of the said Table, of the amount charged by
such service provider for providing the said taxable service, unless specified
otherwise, subject to the relevant conditions specified in the corresponding
entry in column (4) of the said Table, namely;-
Table
Sl. |
Description of taxable |
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 the
purposes of exemption at Serial number 1 -
(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.
For the
purposes of exemption at Serial number 4 -
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. For the purposes
of exemption at Serial number 12 –
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,
c.
“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,
3. This notification shall come into force on
the 1st day of July, 2012.
[F.No. 334 /1/ 2012-
(Rajkumar Digvijay)
Under Secretary
to the Government of