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November 2016

Service Tax updates

By Tarun Ghia
Pratik Mehta
Brijesh Cholera
Chartered Accountants
Reading Time 2 mins

Exemption on payment to State Government Industrial    Development    Undertakings    reg. lease of plots

Notification No.41/2016-ST dated 22. 09. 2016

Central Government has exempted Service tax on one time upfront amount paid to State Government industrial development Corporations/ undertakings for granting of long term lease of industrial plots to industrial units.

Exemption to advancement of Yoga

Notification No. 42/2016-ST dated 26. 09. 2016

CBEC through this notification exempts the Service Tax on the services by way of advancement of yoga provided by an entity registered under section 12AA of the income tax act retrospectively to services rendered during the period 01.07.2012 to 20.10.2015.

Return Form ST 3 amended

Notification No. 43/2016-ST dated 28. 09. 2016

The CBEC has amended half yearly Service Tax Return Form ST 3 by issuing notification namely ‘Service Tax (Third   amendment)  rules, 2016’ to  facilitate  changes in tables relating to the details of CENVAT, payment and liability of Krishi Kalyan Cess & detailed disclosure of reversal under CENVAT Credit Rule 6(3A) of CENVAT Credit Rules, 2004. this amended ST-3 form shall be applicable from the date of publication of this notification in the official gazette.

Issue of Notice by Department- revision of monetary limits

Notification No. 44/2016-ST dated 28. 09. 2016

Central Government has, vide this notification, amended the adjudication powers of the officers.

Under the revised limits, the Superintendent can issue notice provided that for the amount of service tax or CENVAT credit specified in the notice should not exceed Rs. 10 lakhs (excluding the cases relating to taxability of services or valuation of services and cases involving extended period of limitation). Similarly in case of notice by assistant Commissioner or deputy Commissioner such amount should not exceed Rs. 50 lakhs (except cases where Superintendents are empowered to adjudicate). For the joint  Commissioner or additional Commissioner such amount is Rs. 50 lakhs and above but not exceeding Rs. 2 crores. While for the Commissioner there is no such monetary limit.

Exemption on transportation to Educational Institutions

Notification No. 45/2016-ST dated 30. 09. 2016

By this notification, Government has exempted Service tax on transportation facility by educational institutions to students, faculty and staff for the period commencing on and from the first day of April, 2013 and ending with the tenth day of July, 2014 which was not being collected by the educational institutions in view of the generally prevalent practice.

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