SERVICE TAX PRIMER
A small write up on some basic aspects of service tax is given below:
Which
is Act governing Service Tax?
The Service tax is
governed by The Finance Act, 1994, as amended from time to time. This is the
only tax law which has no separate Act. However, under the provisions of The
Finance Act, 1994, several rules are enacted like, Service Tax Rules, 1994,
Cenvat Credit Rules, 2004, Service Tax (Determination of Value) Rules, 2006,
Export of Service Rules, 2005, etc. Some of the provisions of Central Excise
Act, 1944 are also made applicable to service tax especially in respect of
assessment, recovery of tax, penalty, appeals etc.
Service tax is applicable
only on the 117 services specified in the Act and your service does not fall in
any of those services, you are out of purview of service tax.
Who
should take registration under Service Tax Law?
Section 69 of the Finance Act,
1994 gives the power to the Central Government to specify the persons who are
liable to take registration under Service Tax. Accordingly, the Government by
Notification No. 26/2005, specified that all input service distributors and all
other persons whose aggregate value of taxable service in a year exceeds Rs. 9 Lakhs
should take a registration. This means that you have to take registration
immediately on your turnover crosses Rs. 9 Lakhs, though you have to collect
and pay service tax only if your turnover exceeds Rs. 10 Lakhs.
How
can I take the registration?
To take registration,
you have to submit the application in Form ST-1 with your constitution document
(Memorandum of Association or Partnership Deed, as the case may be), copy of
PAN card, proof of address, and proof of identity for directors etc. However,
these requirements can vary from range to range, as some range superintend may
ask more documents for registration. There is no specified list of documents.
Now the registration is
also made electronic. For that you go to www.aces.gov.in
and register online. In that case, you have to take a print out of the form
after submission and deliver to the range superintendent with the required
attachments.
Registration should be
taken within 30 days from the date of providing taxable service or date of
reaching the threshold limit of Rs. 9 Lakhs turnover.
Service tax registration
is given for each premises or offices from where an assessee is providing
taxable services and raising invoices for the same.
If you have multiple
branches at multiple location and you plan centralised billing, you can take a
centralised registration.
A single registration is
sufficient, even if the applicant is providing more than one taxable services.
But he has to mention all the services being provided in the application form.
What
are the statutory obligations, once you are registered under Service Tax?
The service provider is
required to collect the service tax from the service receivers and remit to the
Central Government. The major statutory obligations are given below:
1. To
collect the service tax due and remit the same within the due date to the
Government - Companies have to remit the service tax on a monthly basis and all
other assessees have to remit on quarterly basis. The due date is 5th
of the succeeding month for companies and 5th of the month succeeding
the quarter in the case of all others. (In the case of electronic payment, 6th).
But in the case of the last month/quarter, the due date is 31st
March, for all cases.
2. To
file the half yearly service tax return within 25th of the month
following the half year- This means you have to file the return in Form ST-3 on
or before 25th of October and 25th of April, every year.
3. You
have to file the return even if you do not have any taxable services during the
period, so long as your registration is active.
Who
is liable to pay Service tax?
Generally, service tax
is payable by service provider.
But in the case of Goods
Transport Agency (GTA), import of services, Sponsorship Services and in the
case of agents of mutual fund and insurance, service tax is payable by service receiver.
This is called “Reverse Charge Mechanism.”
What
are the consequences of not filing the return?
Non-filing of return
will attract heavy penalty as per the amendment made in the last budget. The
penalty is at the rate of Rs. 100/- per day of default subject to a maximum of
Rs. 20,000/-
Further, if it is proved
that the default is made knowingly, the department can impose prosecution
proceedings also.
Though
I took, the registration, my turnover is below the threshold limit. What should
I do?
In this case, the assessee
has 3 options:
1. He
can continue to collect the service tax, remit the same in time and file the half
yearly returns in time, just like any regular assessee. OR
2. File
the half yearly returns in time showing the turnover which is below the
threshold limit of Rs. 10 Lakhs as exempted turnover. In this case, he will not
be liable to pay any service tax, provided, he has not collected service tax
from his clients.
3. He
can surrender the registration and escape from the procedural requirements. He
can surrender the registration on line in www.aces.gov.in
and return the certificate in original to the jurisdictional Superintend.
I
took the registration, but I could not start the business. What should I do? Can
I cancel by registration?
If you have not started your
business and there are no immediate plans to start it also, you can surrender
your registration as per point no. 3 above.
What
is CENVAT Credit?
CENVAT Credit is a
mechanism by which assessee will get credit of some of the duties and taxes paid
for providing taxable services. It is governed by Cenvat Credit Rules, 2004.
A service provider can
take credit of service tax paid on input services, excise duty paid on input
materials, Additional Duty of Customs leviable under section 3 of Customs Tariff
Act on imported inputs and excise duty paid on capital goods. This credit can
be set off against his service tax liability and the balance amount only has to
be remitted.
He has to give the
details of cenvat credit taken and utilised in the half yearly returns.
If the output service is
exported, the service provider can claim refund of the accumulated Cenvat
Credit.
Should
I issue an invoice?
Yes; as per Rule 4A of
Service Tax Rules, 1994, every service provider is bound to raise an invoice
within 14 days from the date of completion of taxable service.
There is no prescribed
format for invoices. But the invoice should contain at least the following
details:
- Serial Number
- Name, address and registration number of the service provider
- Name and address of the service receiver
- Description, classification and value of taxable service provided
- The amount of service tax payable – showing separately, the service tax, Education Cess and Secondary and Higher Education Cess
Service tax should be mandatorily
shown in the invoice separately. This will help the service receiver to avail
the Cenvat credit of the same.
What
is the value of taxable services?
As per the Service Tax
(Determination of Value) Rules, 2006, the ‘Value of Taxable Service’ means the
gross amount received by the service provider for the taxable service provided
of to be provided by him.
Tax is payable on the on
reimbursement of expenses which are part of service, but not on payments made
by service provider as ‘pure agent’ of service receiver.
For certain specified services,
a specified percentage of abatement is given from the total value of services.
Rate
of service tax and interest on delayed payment
Service tax is payable
at the rate of 10% on the value of taxable services. In addition to this,
Education Cess at 2% and Secondary and Higher Education Cess at 1% (on the
service tax) is payable, making the
total service tax rate to 10.30%.
In case of works
contract, instead of paying 10%, assessee has the option to pay 4% on the gross
value of contract including the value of materials.
The interest payable on
delay in remittance on service tax is:
- 15% in the case of assessees whose turnover in a year is Rs. 60 lacs or less; and
- 18% in other cases
In addition to the
interest, assessee will be liable for penalty provisions also.
Penalties
under Service Tax
Penalty for major
offences imposable on:
- Non-registration or delay in registration – RS. 200/- per day – minimum Rs. 5000/-
- Penalty for late payment of service tax – minimum Rs. 200/- day or 2% of the tax payable, whichever is higher.
- Non filing or delay in filing – Rs. 100/- day subject to a maximum of Rs. 20,000/-
- Suppression of Value of Taxable Services – 200% of tax payable
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