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Highlights of Amendments in Service Tax (Determination of Value) Rules, 2006

Surender Gupta
Service Tax Rules Amended: New Options for Valuation, Composition Rates for Catering, and Changes to Cost Inclusions The amendments to the Service Tax (Determination of Value) Rules, 2006, introduced by notification no. 24/2012, involve several key changes. Rule 2A now offers options to pay service tax on the value of services after deducting the value of goods, at a composite rate, or on specified percentages for different types of contracts. Rule 2B references were deleted due to the negative list introduction. Rule 2C prescribes composition rates for restaurant and outdoor catering activities. Amendments to Rules 3, 5, and 6 address value ascertainment and inclusion/exclusion of certain costs. Rule 7 was deleted, and concerns were raised about the omission of abatement for land-inclusive contracts. (AI Summary)

Vide notification no. 24/2012 ST dated 6-6-2012, CBEC has amended the provision relation to determination of value of Taxable Services in certain circumstances as follows:

Service Tax (Determination of Value) Rules, 2006 [As amended is available on http://www.taxtmi.com]

Substitution of Rule 2A:- To prescribe

  • First option to pay service tax on Value of services after deducting value of goods from the gross value.
  • Second option to pay service tax at composite rate
    • Pay ST on 40% value of original work
    • Pay ST on 70% value of maintenance or repair or reconditioning or restoration or servicing of any goods
    • Pay ST on 60% value of all other works contract

Amendment to Rule 2B:- Reference to clause (zm) and (zzk) deleted, as not required after introduction of negative list.

Insertion of new Rule 2C:- To prescribe rate of composition in case of activity at a restaurant or as outdoor catering as:

  • Pay ST on 40% value in case of Restaurant.
  • Pay ST on 60% value in case of Outdoor Catering.

Amendment to Rule 3:- Relating to the provisions where value is not ascertainable.

Amendment to Rule 5:- Relating to Inclusion in or exclusion from value of certain expenditure or costs, reference to clause (zzzx) removed.

Amendment to Rule 6:- Cases in which the commission, costs, etc., will be included or excluded:

  • amount realised as demurrage related to taxable services shall be included.
  • interest on delayed payment shall be excluded.
  • taxes levied by any Government on any passenger travelling by air shall be excluded.
  • accidental damages due to unforeseen actions not relatable to the provision of service shall be excluded.
  • subsidies and grants disbursed by the Government, not directly affecting the value of service shall be excluded.

Deletion of Rule 7:- This rule was to prescribe Actual consideration to be the value of taxable service provided from outside India.

 

Service Tax (Determination of Value) Rules, 2006 [As amended]

 

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