Abatement/Compostion Scheme in Service Tax

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)

22 October 2012  

 

Taxable Service

Partial abatement / Composition Scheme

Conditions

Relevant Notification/Rule

Accommodation booking service by tour operator

10% of amount charged (Abatement Scheme, though really it is composition scheme)

No Cenvat Credit. Invoice should be inclusive of cost of accommodation

Sr. No. 11(ii) of Notification No. 26/2012-ST dated 20-6-2012.

Air Travel Agent

Option to pay service tax at flat rate on ‘basic fare’ @ 0.6% in case of domestic booking and 1.2% in case of international booking – plus education cess (Composition Scheme)

No restriction on availment of Cenvat credit

Rule 6(7) of Service Tax Rules

Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises ( including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organizing a function) together with renting of such premises

Tax on 70% of amount charged including fair value of goods and services supplied by service receiver (to service provider) under same or different contract

(Composition Scheme)

Cenvat credit of input services and capital goods is available. Cenvat credit on food items (covered under Chapters 1 to 22 of CETA) not available. Cenvat credit of other inputs is available.

Sr. No. 4 of Notification No. 26/2012-ST dated 20-6-2012

Chit related services

Tax on 70% of amount charged (Abatement Scheme)

No Cenvat Credit allowed

Sr. No. 8 of Notification No. 26/2012-ST dated 20-6-2012.

Financial leasing and hire purchase

Tax on lease management fee, processing fee, documentation charges and administrative fee plus 10% of interest

No restriction on availment of Cenvat Credit

Sr. No. 1 of Notification No. 26/2012-ST dated 20-6-2012

Construction of a complex, building, civil structure or a part thereof, intended for a sale to a buyer, wholly or partly, if value of land is included in the amount charged from the service receiver

Tax on 25% of amount charged including fair market value of all goods and services supplied by recipient (termed as Abatement Scheme – actually it is composition scheme)

Cenvat credit of input services and capital goods can be taken but not of input goods

Sr No. 12 of Notification No. 26/2012-ST dated 20-6-2012

Foreign Currency – sale and purchase

At slab rates prescribed under rule 6(7B)on total gross amount of currency exchanged (OptionalComposition Scheme)

No restriction on availment of Cenvat Credit

Rule 6(7B) of Service Tax Rules

Foreign Currency – sale and purchase

Value is difference between  buying or selling rate and RBI reference rate (Normal Scheme of valuation)

No restriction on availment of Cenvat Credit

Rule 2B of Service Tax (Determination of Value)  Rules

Life Insurance

3% of net premium (excluding investment or savings part, if such amount is informed to policy holder)  – If not so informed, 3% in first year and 1.5% in subsequent years(Composition Scheme)

No restriction on availment of Cenvat Credit

Rule 6(7A) of Service Tax Rules

Lottery ticket promotion

` 7,000 or ` 11,000 per ` 10 lakhs of ticketsprinted by State lottery  (Composition Scheme)

No restriction on availment of Cenvat Credit

Rule 6(7C) of Service Tax Rules

Outdoor caterer

Tax on 60% amount excluding State Vat (Composition Scheme) (Till 1-7-2012, it was 50%)

Cenvat credit of input services and capital goods is available. Cenvat credit on food items (covered under Chapters 1 to 22 of CETA) not available. Cenvat credit of other inputs is available.

Rule 2C of Service Tax (Determination of Value) Rules

Renting of motor vehicle designed to carry passengers

Tax payable on 40% of amount charged  (Abatement Scheme)

No Cenvat credit available

Sr. No. 9 of Notification No. 26/2012-ST dated 20-6-2012

Restaurant service

Tax on 40% amount excluding State Vat (Composition Scheme) (Till 1-7-2012, it was 30%)

Cenvat credit of input services and capital goods is available. Cenvat credit of excise duty on food items (covered under Chapters 1 to 22 of CETA) not available. Cenvat credit of other inputs is available.

Rule 2C of Service Tax (Determination of Value) Rules

Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes

Tax payable on 60% of amount charged (Abatement Scheme) (Till 1-7-2012, the tax payable was on 50% amount).

Cenvat Credit of input services allowable but no Cenvat credit of inputs and capital goods

Sr. No. 6 of Notification No. 26/2012-ST dated 20-6-2012

Tour operator – Package tours (“package tour” means a tour wherein transportation, accommodation for stay, food, tourist guide, entry to monuments and other similar services in relation to tour are provided by the tour operator as part of the package tour to the person undertaking the tour).

Tax is payable on 25% of gross amount charged (Abatement Scheme)

No Cenvat credit available.

Bill to be inclusive of all charges for the tour.

Sr. No. 11(i) of Notification No. 26/2012-ST dated 20-6-2012

Tour operator – providing services solely of arranging or booking accommodation for any person in relation to a tour (If Bill includes cost of accommodation)

 

Tax is payable on 10% of  amount charged (Abatement Scheme)

No Cenvat credit available.

Bill to be inclusive of charges for such accommodation

Sr. No. 11(ii) of Notification No. 26/2012-ST dated 20-6-2012

Tour operator – Other than package tours and other than service of booking accommodation where Bill includes cost of accommodation

 

Tax is payable on 40% of amount charged (Abatement Scheme)

No Cenvat credit available.

Bill to be inclusive of all charges for the tour

Sr. No. 11(iii) of Notification No. 26/2012-ST dated 20-6-2012

Transport of goods  by rail

Tax payable on 30% of amount charged (Abatement Scheme)

No restriction on availment of Cenvat Credit

Sr. No. 2 of Notification No. 26/2012-ST dated 20-6-2012

Transport of goods  by road by Goods Transport Agency (GTA)

Tax payable on 25% of amount charged (Abatement Scheme)

No Cenvat Credit available (Certificate should be taken from the GTA that he has not availed Cenvat credit, as tax is payable by service receiver under reverse charge – this headache was not there earlier)

Sr. No. 7 of Notification No. 26/2012-ST dated 20-6-2012

Transport of goods  in a vessel from one port in India to another

Tax payable on 50% of amount charged (Abatement Scheme)

No Cenvat Credit available)

Sr. No. 10 of Notification No. 26/2012-ST dated 20-6-2012

Transport of passengers by air

Tax payable on 40% of amount charged (Abatement Scheme)

Cenvat Credit of input services allowable but no Cenvat credit of inputs and capital goods

Sr. No. 5 of Notification No. 26/2012-ST dated 20-6-2012

Transport of passengers  by rail

Tax payable on 30% of amount charged (Abatement Scheme)

No restriction on availment of Cenvat Credit

Sr. No. 3 of Notification No. 26/2012-ST dated 20-6-2012

Works Contract Service

Tax on value of service calculated as per rule 2A(i) or Tax on 25%/40%/60% of gross amount charged as specified in rule 2A(ii) (Composition Scheme)

Tax on 25% of amount charged including fair market value of all goods and services supplied by recipient (termed as Abatement Scheme – actually it is composition scheme)

Cenvat credit of input services and capital goods is available. Cenvat credit of excise duty on goods, the property of which is transferred is not available. Cenvat credit of other inputs (like consumables) is available

Rule 2A of Service Tax (Determination of Value) Rules