Mega exemption notification 25/2012 charged wef 01.04.15 @14

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devendra

devendra (Querist)
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09 May 2015 Please confirm that Mega Exemption notification 25/2012 not Exempted in FY 2015-16 Charged wef 01.04.15 @14

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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09 May 2015 The service tax rate 14% will be effective from a date to be notified after passing the finance bill.
The changes made in the notification 25/2012 applicable for FY 2015-16 is given below.

6 Review of Exemptions :
6.1 Exemption presently available on specified services of construction, repair, maintenance, renovation or alteration service provided to the Government, a local authority, or a governmental authority ( vide S. No. 12 of the notification No. 25/12-ST ) shall be limited only to,-
(a) a historical monument, archaeological site or remains of national importance, archeological excavation or antiquity;
(b) canal, dam or other irrigation work; and
(c) pipeline, conduit or plant for (i) water supply (ii) water treatment, or
(iii) sewerage treatment or disposal.
Exemption to other services presently covered under S. No. 12 of notification No. 25/12-ST is being withdrawn.
6.2 Exemption to construction, erection, commissioning or installation of
original works pertaining to an airport or port is being withdrawn (S. No 14
of the notification No. 25/12-ST). The other exemptions covered under S.
No. 14 of notification No. 25/12-ST shall continue unchanged.
6.3 Exemption to services provided by a performing artist in folk or classical art form of (i) music, or (ii) dance, or (iii) theater, will be limited only to such cases where amount charged is upto Rs 1,00,000 for a performance (S. No
16 of notification No. 25/12-ST).
6.4 Exemption to transportation of food stuff by rail, or vessels or road will be
limited to food grains including rice and pulses, flour, milk and salt.
Transportation of agricultural produce is separately exempt, and this exemption would continue (S. Nos. 20 and 21 of notification No. 25/12-ST).

6.5 Exemptions are being withdrawn on the following services:
(a) services provided by a mutual fund agent to a mutual fund or assets
management company,
(b) distributor to a mutual fund or AMC,
(c) selling or marketing agent of lottery ticket to a distributor.
Service Tax on these services shall be levied on reverse charge basis.
(S. No 29 of notification No. 25/12-ST).
6.6 Consequent to imposition of Service Tax levy on service by way of
manufacture of alcoholic liquor for human consumption, an amendment is
being made in the entry at S. No. 30 of notification No. 25/12-ST to exclude
carrying out of intermediate production process of alcoholic liquor for
human consumption on job work from this entry.
(S. No 30 of notification No. 25/12-ST).
6.7 Exemption is being withdrawn on the following service,-
(a) Departmentally run public telephone;
(b) Guaranteed public telephone operating only local calls;
(c) Service by way of making telephone calls from free telephone at
airport and hospital where no bill is issued.
(S. No. 32 of notification No. 25/12-ST).
6.8 Existing exemption, vide notification No. 42/12-ST dated 29.6.2012, to the
service provided by a commission agent located outside India to an exporter
located in India is being rescinded with immediate effect. This exemption
has become redundant in view of the amendments made in law in the previous budget, in the definition of “intermediary” in the Place of Provision
of Services Rules, making the place of provision of a service provided by such
agents as outside the taxable territory.
The above changes in notification No. 25/12-ST, except the change mentioned in
para 6.6, shall come into effect from the 1St day of April 2015. The change
mentioned at para 6.6 shall come into effect from a date to be notified after the enactment of the Finance Bill, 2015. The change mentioned at S. No. 6.8 comes
into effect immediately.
7 New Exemptions:
7.1 Hitherto, any service provided by way of transportation of a patient to and
from a clinical establishment by a clinical establishment is exempt from
Service Tax. The scope of this exemption is being widened to include all
ambulance services.
(Amended in the entry at S. No. 2 of notification No. 25/12-ST refers).
7.2 Life insurance service provided by way of Varishtha Pension Bima Yojna is
being exempted.
(Amendment in entry at S. No. 26A of notification No. 25/12-ST refers)
7.3 Service provided by a Common Effluent Treatment Plant operator for
treatment of effluent is being exempted.
(New entry at S. No. 43 of notification No. 25/12-ST).
7.4 Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail
packing, labeling of fruits and vegetables is being exempted.
(New entry at S. No. 44 of notification No. 25/12-ST).
7.5 Service provided by way of admission to a museum, zoo, national park,
wild life sanctuary and a tiger reserve is being exempted. These services
when provided by the Government or local authority are already covered
by the Negative List.
(New entry at S. No. 45 of notification No. 25/12-ST).
7.6 Service provided by way of exhibition of movie by the exhibitor (theatre
owner) to the distributor or an association of persons consisting of such
exhibitor as one of it’s members is being exempted.
(New entry at S. No. 46 of notification No. 25/12-ST).
7.7 Goods transport agency service provided for transport of export goods by
road from the place of removal to an inland container depot, a container
freight station, a port or airport is exempt from Service Tax vide
notification No. 31/12-ST dated 20.6.2012. Scope of this exemption is
being widened to exempt such services when provided for transport of
export goods by road from the place of removal to a land customs station
(LCS).
(Amendment in notification No. 31/12-ST refers).
All the above New Exemptions shall come into effect from the 1st day of April,
2015.
8. New entries being incorporated in notification No. 25/12-ST, to
continue exemption to certain activities that are presently covered by
the Negative List entries which are being omitted:
8.1 Service by way of right to admission to,-
i. exhibition of cinematographic film, circus, dance, or theatrical
performances including drama or ballet.
ii. recognized sporting events.
iii. concerts, pageants, award functions, musical performances or sporting
events not covered by S. No. ii, where the consideration for such admission is upto Rs. 500 per person.
(New entry 46 of notification No. 25/2012-ST and clause (zab) of definitions in the said notification)
These changes shall be made effective from the date the amendments being made
in the Negative List concerning the service by way of admission to entertainment events come into effect.

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