CHANGES IN ABATEMENT IN BUDGET 2016-17
With the budget announced on 29-02-2016, following changes were introduced in the abatement notification no 26/2012-ST dated 20.06.2012. The changes have been introduced vide notification no 08/2016-ST dated 01-03-2016. All the following changes will come into effect from 01-04-2016
Nature of Service | Present Provision | Proposed Provision | Analysis/Remark |
Transport of goods by rail | Abatement of 70% without any CENVAT credit. | Abatement of 60% for transport of goods by rail by any person other than Indian railways. Abatement of 70% for transport of goods by rail other than as stated above. | Presently no CENVAT was available, however as a manner of rationalization CENVAT credit of service tax paid on input services will now be allowed. Further, difference in abatement rates seems to meet the vision of Indianisation. |
Transport of passengers by rail | Abatement of 70% without any CENVAT credit. | Abatement of 70% with CENVAT credit of tax paid on input services. | CENVAT credit is allowed to avoid cascading effect. |
Services of GTA in relation to transport of goods by road | Abatement of 70% without any CENVAT credit. | Abatement of 70% on services of goods transport agency in relation to transport of goods other than used household goods without CENVAT credit. Abatement of 60% on services of goods transport agency in relation to transportation of used household goods without CENVAT credit. | It seemed that government is finding more revenue in reselling of household goods considering the popularity of quickr and olx. |
Service provided by a foreman of chit fund in relation to chit fund | Omitted resulting into no abatement and full CENVAT credit. | Abatement of 30% without CENVAT credit. | |
Transport of passengers with or without belongings | Transport of passengers, with or without accompanied belongings, by (a) a contract carriage other than motorcab. (b) a radio taxi. No CENVAT credit was admissible. | Transport of passengers, with or without accompanied belongings, by (a) a contract carriage other than motorcab. (b) a radio taxi. (c) a stage carriage. No CENVAT credit was admissible. | This amendment will come into effect from 01-06-2016. Simultaneous change is introduced in negative list. However, such services by a non-air-conditioned stage carriage will continue be exempted. |
Transport of goods by vessel | Abatement of 70% without any CENVAt credit | Abatement of 70% with CENVAT credit on input services. | Rationalization to avoid double taxation. |
Services by a tour operator | Presently three kinds of abatement rates were available for – (a) arranging or booking accommodation (Abatement of 90%) (b) packaged tour (Abatement of 75%) (c) any other service other than above two (Abatement of 60%) | Now there are two categories – (a) arranging or booking accommodation (Abatement of 90%) (b) any other related service (Abatement of 70%) | This is rationalized and conditions remained same as earlier. However, the concept of packaged tour is now no more in existence. |
Construction of complex, building, civil structure or a part thereof. | There are two provisions of abatement- (a) abatement of 75% in case of a residential unit having carpet area of less than 2000 sq feet and costing less than ₹ 1 crore (b) abatement of 70% in other cases. | Now uniform abatement of 70% is proposed. | The other conditions remained same as earlier. |
Renting of motor cab services | Abatement of 60%. | Abatement of 60%. A new explanation is introduced. | The cost of fuel should be included in the consideration charged for providing renting of motor-cab services for availing of the abatement. |
TaxTMI
TaxTMI