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Effective Rates of Service tax after Swachh Bharat Cess

CA Akash Phophalia
Swachh Bharat Cess introduction changes service tax effective rates and alters compound and abatement calculations across services. Introduction of Swachh Bharat Cess increases the effective service tax liability by applying an additional cess computed from the service tax liability using the stated formula; this change coincides with abolition of the Education Cess components. The document tabulates historical service tax rates and sets out revised compound rates for specified services across temporal bands, explaining that post-cess effective liability equals the applicable compound or abated rate plus the additional Swachh Bharat Cess, with cross references to the Service Tax valuation and rule provisions. (AI Summary)

Rates of service tax and compound rates since 1994

Sr. No.

Period

Rate of Service Tax

Rate of Education Cess

Rate of Secondary and Higher Secondary Education Cess

Swachh Bharat Cess

1

1-7-1994 to 13-5-2003

5%

Nil

Nil

Nil

2

14-5-2003 to 9-9-2004

8%

Nil

Nil

Nil

3

10-9-2004 to 17-4-2006

10%

2% of S.T.

Nil

Nil

4

18-4-2006 to 31-5-2007

12%

2% of S.T.

Nil

Nil

5

1-6-2007 to 23-2-2009

12%

2% of S.T.

1% of S.T.

Nil

6

24-2-2009 to 31-3-2012

10%

2% of S.T.

1% of S.T.

Nil

7

1-4-2012 to 31-5-2015

12%

2% of S.T.

1% of S.T.

Nil

8

1-6-2015 to 14-11-2015

14%

Nil

Nil

Nil

9

15-11-2015 onwards

14%

Nil

Nil

0.5%

Compound rates of service tax

Nature of Service

Compound Rate Till 31-5-2015

Compound Rates from 1-6-2015 to 14-11-2015

From 15-11-2015 onwards

Reference

1

2

3

4

5

Booking of tickets for Air Travel Provided by air travel agents

  1. 0.6% on the basic fare in case of domestic booking.
  2. 1.2% on the basic fare in case of international booking.
  1. 0.7% on the basic fare in case of domestic booking.
  1. 1.4% on the basic fare in case of international booking.

Same as coloumn 3 + Swachh Bharat Cess

Swachh Bharat cess = (service tax liability)*0.5/14

Rule 6(7) of Service Tax Rules,1994.

Insurer carrying on life insurance business

  1. On the gross premium charged from the policyholder reduced by the amount allocated for investment ans savings on behalf of policyholder.
  2. In all other cases, 3% of the premium charged in the first year and 1.5% of premium charged in subsequent year.
  1. On the gross premium charged from the policyholder reduced by the amount allocated for investment ans savings on behalf of policyholder.
  1. In all other cases, 3.5% of the premium charged in the first year and 1.75% of premium charged in subsequent year

Same as coloumn 3 + Swachh Bharat Cess

Swachh Bharat cess = (service tax liability)*0.5/14

Rule 6(7A) of Service Tax Rules,1994

Purchase or sale of foreign currency including money changing

  1. 0.12% of gross amount of currency exchanged for an amount up to ₹ 1 lac subject to minimum amount of ₹ 30.
  2. ₹ 120 and 0.06% of the gross amount of currency exchanged for an amount exceeding ₹ 1 lac and up to ₹ 10 lacs.
  3. ₹ 660 and 0.012% of gross amount of currency exchanged for an amount exceeding ₹ 10 lacs but subject to maximum amount of ₹ 6000.
  1. 0.14% of gross amount of currency exchanged for an amount up to ₹ 1 lac subject to minimum amount of ₹ 35.
  1. ₹ 140 and 0.07% of the gross amount of currency exchanged for an amount exceeding ₹ 1 lac and up to ₹ 10 lacs.
  1. ₹ 770 and 0.014% of gross amount of currency exchanged for an amount exceeding ₹ 10 lacs but subject to maximum amount of ₹ 7000.

Same as coloumn 3 + Swachh Bharat Cess

Swachh Bharat cess = (service tax liability)*0.5/14

Rule 6(7B) of Service Tax Rules,1994

Distributors and selling agents or persons assisting in organizing lottery

  1. ₹ 7000 on every ₹ 10 lacs (or part of 10 lacs) of aggregate face value of lottery provided, where guaranteed price pay out is more than 80%
  2. ₹ 11000 on every ₹ 10 lacs (or part of ₹ 10 lacs) of lottery provided, where guaranteed price payout is less than 80%
  1. ₹ 8200 on every ₹ 10 lacs (or part of 10 lacs) of aggregate face value of lottery provided, where guaranteed price pay out is more than 80%
  1. ₹ 12800 on every ₹ 10 lacs (or part of ₹ 10 lacs) of lottery provided, where guaranteed price payout is less than 80%

Same as coloumn 3 + Swachh Bharat Cess

Swachh Bharat cess = (service tax liability)*0.5/14

Rule 6(7C) of Service Tax Rules,1994

Education Cess and Secondary & Higher Secondary Education Cess

Charged separately

Cess has been abolished.

 

 

Effective Rates after Abatement (Including Cess)

Nature of Service

Compound Rate Till 31-5-2015

Compound Rates from 1-6-2015 to 14-11-2015

From 15-11-2015 onwards

Reference

Works Contract

Option I

Gross Amount – Value of goods

Option II

(a) 40% in case of Original Works

(b) 70% in remaining cases

 

 

12.36%

 

 

4.944%

 

8.652%

 

 

14%

 

 

5.60%

 

9.80%

 

 

14.50%

 

 

5.80%

 

10.15%

Rule 2A of Service Tax (Determination of Value) Rules, 2006

Restaurant Services

4.944%

5.60%

5.80%

Rule 2C of Service Tax (Determination of Value) Rules, 2006

Outdoor Catering

7.416%

8.40%

8.70%

Rule 2C of Service Tax (Determination of Value) Rules, 2006

Financial Leasing and Hire Purchase

1.236%

1.40%

1.45%

Notification No 26/2012, Sl. No 1

Transport of goods by rail

3.708%

4.20%

4.35%

Notification No 26/2012, Sl. No 2

Transport of passengers by rail

3.708%

4.20%

4.35%

Notification No 26/2012, Sl. No 3

GTA

3.708%

4.20%

4.35%

Notification No 26/2012, Sl. No 7

Bundled Services (Food + Rent, etc)

8.652%

9.80%

10.15%

Notification No 26/2012, Sl. No 4

Transport of passengers by air

Economy class

Other class

 

 

4.944%

7.416%

 

 

5.60%

8.40%

 

 

5.80%

8.70%

Notification No 26/2012, Sl. No 5

Room Rent

7.416%

8.40%

8.70%

Notification No 26/2012, Sl. No 6

Renting of Motor Cab

4.944%

5.60%

5.80%

Notification No 26/2012, Sl. No 9

Transport of passengers by a contract carriage other than motor cab and by a radio taxi

4.944%

5.60%

5.80%

Notification No 26/2012, Sl. No 9

Transport of goods in a vessel

3.708%

4.20%

4.35%

Notification No 26/2012, Sl. No 10

Tour Operator Services

(a) Package Tour

(b) Booking Accomodation

(c) Other than above

 

 

3.09%

1.236%

4.944%

 

 

3.50%

1.40%

5.60%

 

 

3.625%

1.45%

5.80%

Notification No 26/2012, Sl. No 11

Construction of complex

(a) Residential complex of area less than 2000 sq ft and amount charged is less than ₹ 1 Crores.

(b) Other complexes

 

 

3.09%

 

 

3.708%

 

 

3.50%

 

 

4.20%

 

 

3.625%

 

 

4.35%

Notification No 26/2012, Sl. No 12

This is just for your reference. It does not constitute our professional advice or recommendation.

answers
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Ganeshan Kalyani on Dec 12, 2015

Very useful and nicely compiled article.

CA Akash Phophalia on Dec 12, 2015

Thank You sir

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