There is a certain worry among service providers & receiver of services with new Service Tax (ST) rate. Service providers feel they will have to charge higher service tax and on the other hand receiver is worried that they will have to pay more by way of ST. All these chaos came just after Finance Minister Arun Jaitley announced proposed changes in the services tax structure in Budget 2015. Presently service tax is charged at a rate of 12% plus Education Cess @2% & Secondary & Higher Education Cess @1% making a net of 12.36%. The proposed rate will be now 14% all inclusive.

Most of us have already conceived that new enhanced rate of service tax going to be effective from April 1, 2015. But the fact is, the proposed service tax rate will not become effective from April 1, 2015. It shall come into effect from a date to be appointed by the Central Government, by way of notification in the Official Gazette, after the enactment of the Finance Bill, 2015. The proposed amendments vide

Clause 106 of the Finance Bill, 2015 is quoted as below;

106. In section 66B of the 1994 Act, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, for the words “twelve per cent.”, the words “fourteen percent.” shall be substituted.

Amendment of Section 66B

Further, the Tax Research Unit of CBEC has issued instructions vide F. No. 334/5/2015-TRU dated February 28, 2015 and clarified at para 3.3 & 3.4 as quoted below:-

3.3 The new Service Tax rate shall come into effect from a date to be notified by the Central Government after the enactment of the Finance Bill, 2015.

3.4 Till the time the revised rate comes into effect, the ‘Education Cess’ and ‘Secondary and Higher Education Cess’ will continue to be levied in Service Tax.

No 14 percent ST till Notification

Further it has also been clarified that, no cess has been included in proposed 14% of ST. The 14% rate has been proposed by substituting 12% in the charging section 66B of the Finance Act, 1994 and being statutory rate, it can’t include any other tax/cess within.

Conclusion: The new service tax rate cannot come into force before the Finance Bill, 2015 get assent from the President of India, after which the government will notify the effective date. So do not pay or charge higher Service Tax until a notification is released.

After March 2015, No 14% Service Tax until notified in Official Gazette

3 thoughts on “After March 2015, No 14% Service Tax until notified in Official Gazette

  • March 5, 2015 at 9:48 AM
    Permalink

    First this higher rate increase will effect company as well as individuals. Many cases company will not get credit on service tax, that will increase the expenses and hit in P&L.
    Finance Bill, 2015 after assent from the President of India, service tax will be payable wef 01.03.2015 ? or it will effective after assent.

    Reply
    • March 5, 2015 at 11:47 AM
      Permalink

      Hi Rajesh,

      It should be after the assent. But can’t say if they put a retrospective effect (which has no logic though). But shouldn’t be charged higher with such proposals until it’s notified.

      For the said purpose, you can refer implementation of section 194-IA (TDS on purchase of immovable property), also change in short term capital gains tax (holding periods changed from 1 year to 3 years) for non-equity schemes which were not applied as retrospective. Let’s see.

      Reply
  • March 25, 2015 at 6:26 PM
    Permalink

    All we see if talk of Swacch Bharat but no action on the ground. Just anothoer money making scheme.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

css.php
Read previous post:
Budget Snapshot 2015-16: Points to be Noted

With the announcement of Union Budget 2015, Finance Minister Arun Jaitley in his first full-year budget did not hike income...

Close