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SERVICE TAX ON INTEREST

Subodh Sharma
Service tax on interest: interest as consideration for loans qualifies for negative-list treatment; delayed-payment interest excluded from taxable value. Section 66D(n) exempts services of extending deposits, loans or advances only when the consideration is paid by way of interest as defined in section 65B(30); interest relating to activities outside that class remains service-taxable. Under Rule 6(2)(iv) of the Valuation Rules, interest on delayed payment is excluded from taxable value and thus not included in service tax valuation. (AI Summary)

Section 66D (n) of the Actinter-alia provides that services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or deposit. Interest has been defined under section 65B(30) of the Act to inter-alia mean interest payable in any manner in respect of any moneys borrowed or debt incurred including a deposit, claim or other similar right or obligation.

Thus, to get covered within the ambit of section 66D (n) of the Act, the activity should be in the nature of extending a deposit, loan or advance for which consideration should be paid in the form of interest. In other words, any amount paid as interest in respect of an activity which does not fall within the specified list of activities shall not get covered under negative list and accordingly shall be chargeable to service tax.

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MAHENDRABHAI DESAI on May 31, 2014

Dear Sir,

value of any taxable service does not include interest on delayed payment or any consideration for the provision of service or sale of property, whether moveable or immoveable as per Rule 6 sub section 2 (iv) pf service tax determination of value rules, 2006.

Therefore interest on delayed payment is not to be included in taxable value for service tax.

Regards,

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