Page Contents
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
Can Digital Transactions Trigger an Income Tax Notice? For many years, taxpayers believed that income tax scrutiny was largely limited… Read More
Can Income Tax Attach a Resolution Professional's Personal Bank Account Under the IBC? Based on the facts stated by you,… Read More
India’s Tax & Advisory Industry Is More Than Just the Big 4 When people discuss careers in taxation, audit, and… Read More
GST treatment of Corporate Guarantees Between related party summarizes an important Gujarat High Court judgment in Torrent Investment Pvt. Ltd.… Read More
FAST-DS 2026: Foreign Assets Disclosure Scheme for Small Taxpayers – Key Highlights The CBDT has introduced FAST-DS 2026 (Foreign Assets… Read More
Private Placement vs Preferential Allotment: Detailed Explanation In this blog we compare Private Placement (Section 42) and Preferential Allotment (Section… Read More