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Budget 2012-2013 – Deemed value of taxable service - Abatement.

Surender Gupta
Finance Bill 2012: New Service Tax Rates on Leasing, Rail, Air Travel, and Lodging; CENVAT Credit Restrictions Included The 2012-2013 budget outlines the deemed value of various taxable services for service tax purposes, effective upon the enactment of the Finance Bill 2012. The notification specifies percentages for calculating the value of services such as financial leasing, rail transport, air travel, and hotel lodging. Notable changes include a new levy on passenger rail transport and adjustments in air travel and hotel rental services, with certain exemptions and conditions like the disallowance of CENVAT credit on inputs and capital goods. The document details existing and proposed percentages and conditions for each service category. (AI Summary)

Budget 2012-2013 – Deemed value of taxable service - Abatement

Notification no. 13/2012 – ST ( available on www.taxtmi.com)
(To be effective from Date to be notified after enactment of Finance bill 2012)

Value of the following taxable services for the purpose of levy of service tax would be calculated at  percentage specified in the Table subject to the relevant conditions specified
                                                                        

Sl. No.

Description of taxable service

Deemed value - Existing %

Proposed %

Conditions

1

Financial leasing services including equipment leasing and hire purchase

10

(Nft 4/2006)

10

Nil.

2

Transport of goods by rail

30

(Nft 1/2006)

30

Nil.

3

Transport of passengers by rail

New levy

30

Nil.

4.1

Catering in a premises, including hotel, convention center, club, pandal, shamiana or any place specially arranged for organizing a function

Convention center or mandap catering- 60
pandal or shamiana catering – 70

(Nft 1/2006)

70

CENVAT credit on any goods classifiable under chapter 1 to 22 used for providing the taxable service is not allowed

5

Transport of passengers by air

Upto 31.03.2012

Domestic travel – max Rs 150

International Travel – max Rs 750

(Nft 26/2010)

40

CENVAT credit on inputs and capital goods, not allowed

w.e.f. 01.04.2012

All Class

Exemption 60%

Levy of ST on 40%

(Nft 6/2012)

6

Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes.

50

(Nft 1/2006)

60

CENVAT credit on inputs and capital goods, not allowed

7

Transport of goods by road by Goods Transport Agency

25
(Nft 13/2008)

25

 

No CENVAT credit

Exempt –(i) when gross amount charged on consignments not exceeding Rs 1500, or (ii) gross amount charged on individual consignment not exceeding Rs 750 -
(Nft 034/04)

8

Services provided in relation to chit

70

(Nft 1/2006)

70

No CENVAT credit

9

Renting of any motor vehicle designed to carry passengers

40

(Nft 1/2006)

40

No CENVAT credit

10

Transport of goods in a vessel from one port in India to another

75

(Nft 1/2006)

50

No CENVAT credit.

11

(i)Services provided by a tour operator in relation to a package tour

25

(Nft 1/2006)

25

No Cenvat Credit

 

(ii)Services by a tour operator in relation to a tour, solely of arranging or booking accommodation for any person in relation to a tour

10

(Nft 1/2006)

10

No Cenvat Credit

 

(iii) Services, other than services specified in (i) and (ii) above, provided to any person, by a tour operator in relation to a tour

40

(Nft 1/2006)

40

No Cenvat Credit

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