Friday, 1 March 2013

TRU Circular on Service Tax amendment - FA 2013-14

 
As you are aware that, in this year’s Union Budget no major amendments have been carried out in Service Tax Law. The circular explaining the amendments is given below:


Government of India

Ministry of Finance

Department of revenue

Tax Research Unit



***

V. K. Garg


Joint Secretary (Tax Research Unit)

Tel: 011

-23093027; Fax: 011-23093037

e-mail:

garg.vk@nic.in

D.O.F. No. 334/3/2013

-TRU

N

ew Delhi, dated February 28, 2013.

Dear Sir/ Madam

,

Subject: Union Budget 2013: Changes in Service Tax

-reg.

The service tax changes in Budget 2013 are largely guided by the objectives to

provide a stable tax regime and improve voluntary compliance. The important changes


are

as follows:

A. Legislative changes



Following changes are being made in the Finance Act, 1994:


1.

There are following changes in relation to the negative list:

(i)

The definition of approved vocational course in section 65B(11) is being

pr

oposed to be changed to:

a) include

courses run by an industrial training institute or an

industrial training centre affiliated to State Council for Vocational


Training

; and

b)

delete clause (iii) dealing with courses run by an institute affiliated

to the National Skill Development Corporation.


(ii)


section 65B(40) is being expanded to include processes under the

Medicinal and Toilet Preparation

s (Excise Duties) Act, 1955

(iii)

The negative list entry in sub-clause (i) of clause (d) of section 66D is being

2.

The provisions of section 73 are being modified such that if the grounds for

invoking extended period are not sustained

, the Central Excise officer will be able to

determine the demand for the shorter period of eighteen months.


3.

The penalty under section 77(a) is being restricted to Rs 10,000. A new section

78A is also being introduced to impose penalty on directors and officials of the

company for specified offences in cases of willful actions.

New provisions are being introduced to prescribe revised punishments for

offences in section 89, make certain offences cognizable and others non

-cognizable and

bailable. The Policy wing of the Board will be issuing detailed instructions in due


course.


2


These changes will come into force when the Finance Bill

, 2013 is enacted.

B. Exemptions



4.

The following changes are being made w.e.f April 1, 2013 in the exemption

notification number

25/2012-ST dated June 20, 2012:

(i)

Exemption by way of auxiliary educational services and renting of immovable

property

by (and not to) specified educational institutes under S. No 9 will not

be available;


(ii)

The benefit of exemption under S. No 15 of the notification in relation to

copyrights for cinematograph films will now be available only to films exhibited

in a cinema

hall or theatre. This will allow service providers to pass on input tax

credits to taxable end

-users;

(iii)

Exemption under S. No 19 will now be available only to non air-conditioned

(non-

centrally air-heated) restaurants; the dual requirement earlier that it

should also have a license to serve alcohol is being done away with;


(iv)

The exemptions available to transportation of goods by railway and vessel

under S. No 20 and services provided by a goods transportation agency (GTA)

under S. No.21 are being harmonized. Thus exemption to transportation of

petroleum and petroleum products, postal mails

or mail bags and household

effects by railways and vessels will not be available while the benefit of

transportation of agricultural produce, foodstuffs, relief materials for specified

purposes, chemical fertilizers and oilcakes, registered newspapers

or magazines

and defence equipments will be available to GTAs;


(v)

The exemptions under S. No 24 for vehicle parking to general public and S. No

25 for repair

or maintenance of government aircrafts are being withdrawn; and

(vi)


listed in

sub-clause (v) of clause (k). Thus the benefit to charities providing

services for advancement of any other object of general public utility up to Rs

25 Lakh will not be available. However the threshold exemption will continue to

be available up to Rs 10 lakh.


C.

Abatement

5.

The abatement available under S. No 12 of notification 26/2012-ST dated June

20, 2012 for construction of a complex, building, civil structures etc

. is being reduced

from the existing 75% to 70% for

construction other than residential properties

having a carpet area up to 2000 sq ft

or where the amount charged is less than Rs 1

crore. This will come into effect from March 1, 2013

.

D. Voluntary Compliance Encouragement Scheme, 2013 (VCES)



6.1

A new scheme is proposed to be introduced to encourage voluntary compliance

with the following main features

:

(i)

The scheme can be availed of by non-filers or stop-filers or persons who have

not made a truthful

declaration in their return. However it will not be applicable

to persons against whom any

inquiry or investigation is pending by the issue of

search warrant or summon or by way of

audit;

3


(ii)

The defaulter will be required to make a truthful declaration of all his pending

tax dues (from October1, 2007 to December 31, 2012) and pay at least half of

that before December 31, 2013; remaining half to be paid by:

(a) June 30, 2014 without interest; or

(b) By December 31, 2014 with interest from July 1, 2014 onwards

;

(iii)

On compliance with all the requirements the person will have immunity from

interest (as specified), penalties and other proceedings

;

6.2

The scheme will come into force when the Finance Bill is enacted. It is clarified

that the tax

-payers will need to settle their dues for the period after December 31, 2012

under the present law.


E. Advance Ruling Authority



7.

The benefit of Advance Ruling Authority is being extended to resident public

limited companies.


F. Disclaimer and requests



8.

This letter is meant to provide a quick glimpse of the important changes and

should not be used in any

quasi-judicial or judicial proceedings, where only the

relevant legal

texts need to be referred to.

9.

Despite best efforts it is possible that you may find some unintended errors, or

omissions

. I shall be extremely thankful if you could point out them to me or to my

colleagues at the earliest.


10.

Please also feel free to contact us in case of any doubt, difficulty, or suggestion

relating to interpretation or implementation of the provisions mentioned above. You

may also like to contact Shri J.M. Kennedy, Director (TRU) [Tel: 23092634; e

-mail:

jm.kennedy@nic.in


] or Shri G.D. Lohani, Director [Tel: 23092374; e-mail:

gd.lohani@nic.in


] or Shri Sachin Jain, O.S.D. [Tel: 23092374; e-mail:

sachinjainirs@yahoo.com


].

11.

I express my sincere thanks for your suggestions which provided us rare

perspective

s on many issues and helped us carry out our task with greater precision.

Sincere regards,

Yours sincerely


(V. K. Garg)

To:


All Chief Commissioners/ Director

s General

All Commissioners of Service Tax

All Commissioners of Central Excise

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