Summary Notes of Declared Services for CA Final

Sr. No. Section Definition Negative List Valuation POT POPS Exemption Cenvat Credit 166E(a) Renting Means residential dwelling for use as residence Value of rent received Rule-3 Continuous Rule -5 Place of location of Entry No.18 If abatement claim then allowing , permitting or grantingLess-Taxes on property Supply of Service immovable property If Services by a hotel, inn no cenvat credit allowed access, entry, occupation, use subject to provision of rule guest house, club by whatever name called, Wholly or partly 7 & 8for residential and lodging purpose having in an immovable property Note: -1. Interest, Penalty not allowed declared tariff of a unit is below rs. 1000/- with or without the transfer of 2.Proportionate Property tax allowed per day or equivalent (including all amenitites possession or control of the said 3.Adjustment of S.tax is allowed within and without discount):-FULLY EXEMPT immovable property and includes a year if excess service tax paid due to Entry No.6 letting, leasing, or other similar not adjustment of taxes on property Renting of hotels, inns, guest house clubs, camp- arrangements sites or other commerical places for residental purpose Taxable value=60% of amount charged Sr. No. Section Definition Negative List Valuation POT POPS Exemption Cenvat Credit 266E(g) Activites in relation to delivery of no Rule-3 Continuous Rule-3 Location of Service Entry No.1 No restriction so full goods on Supply of Service receipient Value = 10% of interest+Other charges credit is allowed hire purchase or subject to provision of rule Other charges=lease management fees any system of payment by 7 & 8 processing fees, documentation fees installment and administration fees Goods is not taxable as per article 366 clause 29Aoption or obligation to purchaseis must Sr. No. Section Definition POT POPS Exemption Cenvat Credit 366E(f) Transfer of goods Rule-3 Continuous Rule-3 Location of Service Entry No.22 if benefit of entry no.9 by way of hiring, leasing Supply of Service receipient a. if a motor vehcile mean to carry more than is taken then no cenvat licensing or in such manner subject to provision of rule 8 12 passangers to a state transport undertaking credit allowed without transfer of right to use Rule-7 In case of b. a means of transporation of goods to a such goods AND service received by a business entity registered as a body corporate located in Reverse Charge In case of hiring of means of good transport agency Cenvat credit of input taxable territory who is not engaged in similar business transport excluding aircraft service of motor cab is vessel but including yatch Entry No.9 allowed 100% if upto 1 month a. Renting of MOTOR CABS =Taxable value=40% Service provider paying Rule-9(d) applies and POPS 40% service tax on value is location of service motor cabs=6+1(driver) carry vehicle allowed 40% if paying of provider motor car =any vehicle for carry passengers Service tax at full rate Sr. No. Section Definition POT POPS Exemption Cenvat Credit 466E(d) Development, Design, Programming Rule-3 Continuous Rule-3 Location of Service customisation, adaptation, Supply of Service receipient upgradation, enhancement, subject to provision of rule 8 implementation of Information in case software amounts technology Software to goods, repair then mayfall in Rule 4(a) Sr. No. Section Definition Valuation POT POPS Exemption Cenvat Credit 566E( c) temporary transfer or value in case of Import of Technology Rule-8 deals with Rule-3 Location of Service Entry No.15 Other important terms permitting the use or enjoyment of 1.Franchise agreement are liable to service Service tax - R& D Cess paid royalties and receipient covered u/s 13(1)(a) of copyright act-1957 1. if IPR is not goods then any intellecutal property right tax not vat Note - 1. Payment of cess within 6 months payments relating subject to provision of rule 8 relating to ORIGINAL literary (books), dramatic, temporary transfer is tax- like Copyright, Patents, Trademarks 2.if IPR is good and there is sale then VAT from the date of invoicing orcredit in a/c's to ©,TM, design (drama, plays) musical (songs) or artistic work or able for service tax Design, any other similar right to 3.if IPR is good and there is transfer of right 2. Befor payment of service payment of patents cinematograph films for exhibition in a cinema 2.if IPR is not goods then an intengible property to use then then VAT cess is must hall or cinema theatre permanenet transfer is 4.if IPR is good and there is no sale and no Entry No.46 not liable to service tax transfer of right to use then SERVICE TAX Exhibition of movie to distributor or AOP of whichexhibitor is a member Reverse Charge Other Imporatant terms Other important terms Intellectual property right related services Hiring, Leasing, Licensing etc of goods without transfer of right to use if abatement not taken--50% by SERVICE RECEIVER 50% by SERVICE PROVIDER if Service provider is individual , HUF, Firm , LLP including AOP & located in taxable territory and providing service of renting of MOTOR VEHICLESto carry passengers if abatement taken--100% by SERVICE RECEIVER Information Technology Software related services Sale of Pre-packed or canned software - Not taxable On site development - Taxable Licensing (electronic or paper form) to use pre-packed software -Taxable If sale with computers-then goods & not liable to service taxCustomized software is also taxable Other Imporatant terms Software is also Intellectual property Services licensing of software is also taxable u/s 66E ( c ) If software is goods, hiring, licensing or leasing may amount to service u/s 66E(f) Delivery of goods on Hire Purchase DECLARED SERVICES Renting of immovale Property Sr. No. Section Definition POT POPS Exemption Cenvat Credit 666E ( e ) Agreeing to the obligation Rule-3 Rule-5 or to refrain from an act or penalty for early termination of agreement Rule-3 subject to provison to tolerate an act or situation prepayment charges on early payment of loan of rule 8 to do an act depend on basis services Sr. No. Section Definition Negative List Valuation POT POPS Exemption Cenvat Credit 766E (i) service portion in any acitivity Rule-2 ( c ) Rule-3 Rule 4 (b) Entry No.19 no cenvat credit of duties wherein goods, being food or any serving of food or other article for human in relation to serving of food or beverages by a or cess paid on goods other article of human consumption consumption or any drink includes alchoal restaurent , eating joints, or mess without ac and classify under ch 1 to 22 or any drink is supplied in any at a RESTAURENT CENTRAL air-heating are exempt of central excise act-1985 manner as a part of the activity Value = 40% of total amount charged Entry No.19Ain relation to serving of food or beverages by a cenvat credit on other serving of food or other article for human canteen maintained in a factory covered under input, input services & CG consumption or any drink includes alchoal the factories act-1948 having the facilites of ac and would be subject to as at OUTDOOR CATERING CENTRAL air-heating are exempt anytime during per cenvat credit rule-2004 Value = 60% of total amount charged the year are exempt. including reversal of credit OUTDOOR CATERING=Service of food and Entry No.4 as per rule 6 thereof beverage at a given place at a given time for Bundle service food with premises together a given number of people at an agreed price with renting of premisesValue= 70% of total amount charged Sr. No. Section Definition Other important terms Valuation POT POPS Exemption Cenvat Credit 866E (b) Construction of a complex,building Note-1. If completion certificate is recd. IF ABATEMENT TAKEN Rule-3 Rule -5 Entry No.12 if abatement used then civil structure or part thereof and after that payment recevied then Amount charged including land subject to provison of abatement of 75% if unit is no cenvat credit allowed including a complex or building it is sale of immovable property and out Add:- fair market value of all goods and rule-7 and rule -8 residential unit and carpet area below 2000sq. Ft. intended for sale to a buyer except the ambit of service tax. service supplied by the recepients and price is below rs. 1 crore where the entire consideration is supplied under the same contract or any in any other case abatement would be 70% received after issuance of compl- other contract etion certificate by the competent Less:- amount charged for such goods or Value of land to be included in amount authority. service supplied by the recepients and charged if abatement used vat if anyIF ABATEMENT NO TAKENValue of land not taken Sr. No. Section Definition POT POPS Exemption Cenvat Credit 966E (h) includes Rule-2A(i) (Actual Basis) Rule-2A(ii) (Deemed Basis) Rule 2 ( c ) and Rule-4(a) place of actual Entry-12 Cenvat credit allowed service portion Gross amount charged Works contracts entered in to for execution Rule 3 performance of work if service provided to govt, a local authority only on inputs services in the execution of a work contract Less:1.vat or sales tax of ORIGINAL WORK or or a government authority by way of construction and CG Work contract includes 2.value of property in goods transferred in Original works means Rule-5 location of immovab- erection, commissioning , installation, completion Construction such contract 1. new contruction le property subject to fitting out, repair , maintenance , alteration of erection 2. addition , alertations to abandoned or provision of rule 7 & rule 8 1. a historical monument, archaeological site commissioning Value of property = amount in which damaged structures on land to make or antiquity specified installation vat charged them workable 2. Canal, dam or other irrigation work completion 3.erection, commissioning or installation 3.pipeline, conduit or plant for fitting out Works contracts services inclueds of plant, machinery or equipments or water supply, water treatment or sewarage repair labour charges for execution of contract structure whether pre-fabricated or not maintenance amount paid to a sub contractor for labour VALUE = 40% of total amount charged renovation and servcies if not covered above then alteration charges for planning , designing and 1. maintenance , repair, reconditioning or of any immovable property or architect fees restoration of services of any good or carryng out any other similiar charges for obtaining on hire or otherwise 2. maintenance, repair, completion and activity or a part thereof in relation machinery and tools used for the finishing services such as glazing or to such property execution of works contract. plastering or floor and wall tilling or COST OF CONSUMABLES such as water installation of electric fittings of electricity, fuel etc. immovable property cost of establishment of contractors VALUE = 70% of total amount charged profit related to supply of services Services by operator of Common Effluent Treatment Plant by way of treatment of effluent would be exempt. Work Contract Services d. post harvest storage infrastructure for agriculture produce including a cold storage e.mechanised food grain handling system, machinery or equipment for processing of agriculture produce as food stuff exc alchoEntry-29(h) Service of sub contract is also exempt if service of main contract is exempt.Entry-43 a building owned by entity registered under 12AA of Income tax act-1961a structure for funeral , burial or cremation of deceased.Entry-14 Original work related to a. railways, monorail or metros, b. a single residential unit otherwise than a part of residential complexc. low cost house upto a carpet area of 60Sq meter. Per house in a approved housing project ValuationEntry-13 Building, structure meant for general public or religiout trust if work contract service provided for a road, bridge, tunnel ,termin.civil sturcture or any other reginal works pertaining to a scheme under Jawaharlal nehru national urbal renewal missionRajiv awass yojana. Agreeging to refrain from an act or to do an act Other important terms Non competance agreements is provison of service and taxable Service portion in catering/restaurent transactions Construction services except where entire consideration is receved after completion