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        Case ID :
        Customs, DGFT & SEZ

        Service tax: Exhibit A1: Negative List of Services.

        March 17, 2012

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        Exhibit A1: Negative List of Services

        (a) Services by Government or a local authority excluding the following services to the extent they are not covered elsewhere:

        (i) services by the Department of Posts by way of speed post, express parcel post, life insurance and agency services provided to a person other than Government;

        (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;

        (iii) transport of goods or passengers; or

        (iv) support services, other than services covered under clauses (i) to (iii) above, provided to business entities.

        (b) Services by the Reserve Bank of India.

        (c) Services by a foreign diplomatic mission located in India.

        (d) Services relating to agriculture by way of –

        (i) agricultural operations directly related to production of any agricultural produce including cultivation, harvesting, threshing, plant protection or seed testing;

        (ii) supply of farm labour;

        (iii) processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such like operations which do not alter essential characteristics of agricultural produce but make it only marketable for the primary market;

        (iv) renting or leasing of agro machinery or vacant land with or without a structure incidental to its use;

        (v) loading, unloading, packing, storage or warehousing of agricultural produce;

        (vi) agricultural extension services;

        (vii) services by any Agricultural Produce Marketing Committee or Board or services provided by a commission agent for sale or purchase of agricultural produce.

        (e) Trading of goods.

        (f) Any process amounting to manufacture or production of goods.

        (g) Selling of space or time slots for advertisements other than advertisements broadcast by radio or television.

        (h) Service by way of access to a road or a bridge on payment of toll charges.

        (i) Betting, gambling or lottery.

         (j) Admission to entertainment events or access to amusement facilities.

        (k) Transmission or distribution of electricity by an electricity transmission or distribution utility.

        (l) Services by way of –

        (i) pre-school education and education up to higher secondary school or equivalent;

        (ii) education as a part of a curriculum for obtaining a qualification recognized by law;

        (iii) education as a part of an approved vocational education course.

        (m) Services by way of renting of residential dwelling for use as residence;

        (n) Services by way of –

        (i) extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount;

        (ii) inter-se sale or purchase of foreign currency amongst banks or authorized dealers of foreign exchange or amongst banks and such dealers;

        (o) Service of transportation of passengers, with or without accompanied belongings, by –

        (i) a stage carriage;

        (ii) railways in a class other than –

        (A) first class; or

        (B) an air conditioned coach;

        (iii) metro, monorail or tramway;

        (iv) inland waterways;

        (v) public transport in a vessel of less than fifteen tonne net, other than predominantly for tourism purpose; and

        (vi) metered cabs, radio taxis or auto rickshaws;

        (p) Services by way of transportation of goods –

        (i) by road except the services of –

        (A) a goods transportation agency; or

        (B) a courier agency;

        (ii) by an aircraft or a vessel from a place outside India to the first customs station of landing in India; or

        (iii) by inland waterways;

        (q) Funeral, burial, crematorium or mortuary services including transportation of the deceased.

        Negative list of services excludes specified services from service tax, listing government, agriculture, education, transport, financial, and utility services. Exhibit A1 sets out a negative list excluding specified services from service tax, including certain Government services (with defined exceptions), services by the Reserve Bank and foreign missions, agricultural operations that do not alter produce, trading of goods, manufacturing processes, most advertising space sales, toll road access, gambling, entertainment admissions, electricity transmission/distribution, defined educational services, renting of residential dwellings for residence, certain financial services tied to interest or inter-bank foreign exchange, specified passenger and goods transport services, and funeral or mortuary services.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Negative list of services excludes specified services from service tax, listing government, agriculture, education, transport, financial, and utility services.

                              Exhibit A1 sets out a negative list excluding specified services from service tax, including certain Government services (with defined exceptions), services by the Reserve Bank and foreign missions, agricultural operations that do not alter produce, trading of goods, manufacturing processes, most advertising space sales, toll road access, gambling, entertainment admissions, electricity transmission/distribution, defined educational services, renting of residential dwellings for residence, certain financial services tied to interest or inter-bank foreign exchange, specified passenger and goods transport services, and funeral or mortuary services.





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                              ActsIncome Tax
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