corporate and professional update february 28, 2016

CORPORATE & PROFESSIONAL UPDATE FEBRUARY 28, 2016

TAXABILITY OF SERVICES PROVIDED BY GOVERNMENT

Finance Act, 2015 has proposed to cover all services provided by Government or local authority to business entities under service tax net however effective date of this amendment was awaited for a long.

Now, Central Government vides Notification No. 06/2016 ST dated 18th February 2016 appointed the 1st April 2016 as the date on which the aforesaid provisions will come into effect.

Simultaneously, the scope of mega exemption has been extended to cover services provided by the Government or a local authority to a business entity with a turnover up to rupees ten lakh in the preceding financial year (Notification No. 07/2016-ST).

Further, by virtue of notification no. 30/2012 ST dated 20.06.2012 read with Rule 2(1)(d) of Service Tax Rules, 1994, in case of service provided or agreed to be provided by Government or Local Authority to a business entity, the recipient of service is liable for payment of service tax under reverse charge mechanism however date of this amendment is still awaited.

More read: Taxation on Income from Equity and Debt Mutual Fund

Therefore, w.e.f. 1st April 2016, service tax will be applicable on following services provided by Government or Local Authority:

S. No. Nature of Service Taxability Who is liable to pay
1. Services by Department of Post provided to Government Non-taxable NA
2. Services by Department of Post provided to a person other than Government Taxable# Service Provider i.e. department of post
3. services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport Taxable# Service Provider
4. Transport of goods or passengers Taxable# Service Provider
5. Renting of immovable property service to a business entity Taxable# Service Provider
6. Renting of immovable property to a person other than Business Entity Non-taxable NA
7. Other services provided to the business entity Taxable# Service Receiver*
8. Other services provided to a person other than a business entity Non-taxable

Notification for the reverse charge is yet to come.

the exemption is available if services are provided to a business entity having turnover in preceding F.Y. is up to Rs. 10 lakh.

Here it is worthwhile to mention that any services provided by the government will remain exempt if the same is covered under any separate clause of negative list of services or mega exemption notification

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Hope the information will assist you in your Professional endeavors. For query or help, contact: singh@carajput.com or call at 011-233 433 33

Rajput Jain & Associates

Rajput Jain & Associates is a Chartered Accountants firm, with it's headquarter situated at New Delhi (the capital of India). The firm has been set up by a group of young, enthusiastic, highly skilled and motivated professionals who have taken experience from top consulting firms and are extensively experienced in their chosen fields has providing a wide array of Accounting, Auditing, Taxation, Assurance and Business advisory services to various clients and their stakeholders. Rajput jain & Associates, a professional firm, offers its clients a full range of services, To serve better and to bring bucket of services under one roof, the firm has merged with it various Chartered Accountancy firms pioneer in diversified fields. We have associates all over India in big cities. All our offices are well equipped with latest technological support with updated reference materials. We have a large team of professionals other than our Core Team members to meet the requirements of our prospective clients including the existing ones. However, considering our commitment towards high quality services to our clients, our team keeps on growing with more and more associates having strong professional background with good exposure in the related areas of responsibility.

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