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Budget on Abatement

CA Akash Phophalia
2014-15 Budget Alters Service Tax Rules: Key Updates on CENVAT Credit and Abatements for Transport Services The 2014-15 budget introduced changes to the Abatement Notification affecting service tax rules. Key updates include clarifications on CENVAT credit conditions for goods transport agencies, allowing a 60% abatement for renting motor cabs, and adjustments to CENVAT credit availability for various services. Specifically, full CENVAT credit is available if service tax is paid on 40% of the input service value for renting motor cabs, while 40% credit is available if tax is paid on the full value. The abatement for passenger transport by contract carriage, excluding motor cabs, is set at 60%, with potential expansion to include radio taxis. Additionally, the abatement for goods transport by vessel increased from 50% to 60%, reducing the effective service tax rate. Tour operators gain CENVAT credit relief on input services from October 1, 2014. (AI Summary)

BUDGET 2014-15

Changes in Abatement Notification

A BRIEF

The new notification 08/2014 dated 11th July 2014 have introduced the following changes in Abatement Notification 26/2012 ST dated 20th June 2012:-

  1. The condition regarding non utilisation of CENVAT credit on inputs, capital goods and input services, used for providing the taxable services of goods transport agency in relation to transport of goods has been clarified by introducing “CENVAT credit on inputs, capital goods and input services used for providing the taxable services, has not been taken by the service provider. Thus Service recipient is not required to establish satisfaction of this condition by service provider.
  2. From 1st October 2014 the abatement of 60% will be available on “renting of motor cab” instead of “any motor vehicle designed to carry passengers”.

Further some relaxation has been provided in Cenvat Credit also as under :-

Cenvat credit on Inputs

Not available

Cenvat credit on Capital Goods

Not available

Cenvat credit on Input Services of renting of motorcab

Available as under :-

(1) Full Cenvat credit provided that service tax is paid only on 40% value of input service.

(2) 40% Cenvat credit if service tax is paid on full value of input service.

Cenvat credit on other input services

Not Available

  1. Abatement of 60% has been provided for “Transport of passengers by a contract carriage other than motorcab. The abatement is with the condition that Cenvat credit of Inputs or Capital goods or Input services has not been taken.

Further it is also proposed to enhance the scope of such service by adding radio taxi alongwith other contract carriages. However, such amendment is to be brought by the Central Government by notification on some date.

  1. The abatement for services provided by transport of goods in a vessel has been increased from 50% to 60% resulting in change in effective rate of service tax from the present 6.18% to 4.944% with effect from 1st October 2014.
  1. The tour operators are provided some relief in Cenvat credit. Now they can avail the Cenvat credit of service tax paid on input services of a tour operator. But the benefit of such credit is made effective from 1st October 2014.

CA Akash Phophalia

9799569294

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