Thursday, 14 March 2013


Service Tax Reverse Charge Mechanism Applicability for Proprietorship

CBEC Introduced Service Tax Reverse Charge Mechanism in the month of Jul’12 vide Notification No.30/2012 Dt: 20.06.2012. The following cases will attract service tax in the hands of service recipients, with effect from 01.07.2012.

S.No.
Description of a service
Service provider
Service receiver
Percentage of  service tax payable by the person providing service
Percentage of service tax payable by the person receiving the service
1.
GTA in respect of services  provided or agreed to be provided  by a goods transport agency in respect of transportation  of goods by road
Goods transport agency
Consignor or Consignee is specified person
Nil
100
2.
Arbitral Tribunal
in respect of services  provided or agreed to be provided  by an arbitral tribunal
Arbitral tribunal
Business entity
Nil
100
3.
Advocate Services
in respect of services  provided or agreed to be provided  by individual advocate
Individual advocate
Business entity
Nil
100
4
Support Service
in respect of services  provided or agreed to be provided  by way of support service by Government or local authority
Government
Business entity
Nil
100
5.
Service provided from Non-Taxable Territory to Taxable Territory in respect of any taxable services provided or agreed to be provided  by any person who is located in a non-taxable territory and received by any person located in the taxable territory
Any person
Any person
Nil
100

Note:  As per Section 65 B (17) : "Business entity" means any person ordinarily carrying out any activity relating to industry, commerce or any other business or profession.


Service Tax Reverse Charge Mechanism Applicability for Firm

CBEC Introduced Service Tax Reverse Charge Mechanism in the month of Jul’12 vide Notification No.30/2012 Dt: 20.06.2012. The following cases will attract service tax in the hands of service recipients, with effect from 01.07.2012.
S.No.
Description of a service
Service provider
Service receiver
Percentage of  service tax payable by the person providing service
Percentage of service tax payable by the person receiving the service
1.
GTA in respect of services  provided or agreed to be provided  by a goods transport agency in respect of transportation  of goods by road
Goods transport agency
Consignor or Consignee is specified person
Nil
100
2.
Arbitral Tribunal
in respect of services  provided or agreed to be provided  by an arbitral tribunal
Arbitral tribunal
Business entity
Nil
100
3.
Advocate Services
in respect of services  provided or agreed to be provided  by individual advocate
Individual advocate
Business entity
Nil
100
4.
Support Service
in respect of services  provided or agreed to be provided  by way of support service by Government or local authority
Government
Business entity
Nil
100
5.
Service provided from Non-Taxable Territory to Taxable Territory in respect of any taxable services provided or agreed to be provided  by any person who is located in a non-taxable territory and received by any person located in the taxable territory
Any person
Any person
Nil
100
6
Sponsorship
in respect of services  provided or agreed to be provided  by way of sponsorship
Any person
Body corporate or partnership firm
Nil
100
Note:  As per Section 65 B (17) : "Business entity" means any person ordinarily carrying out any activity relating to industry, commerce or any other business or profession.



Service Tax Reverse Charge Mechanism Applicability for Body Corporate / Company

CBEC Introduced Service Tax Reverse Charge Mechanism in the month of Jul’12 vide Notification No.30/2012 Dt: 20.06.2012. The following cases will attract service tax in the hands of service recipients, with effect from 01.07.2012.
S.No.
Description of a service
Service provider
Service receiver
Percentage of  service tax payable by the person providing service
Percentage of service tax payable by the person receiving the service
1.
Hiring of Motor vehicles designed to carry passenger
(a)with abatement
(b)without abatement
Individual/Firm/HUF
Body Corporate


Nill
 60%


100%
40%
2.
Supply of manpower for any purpose
Individual/Firm/HUF
Body Corporate
25%
75%
3.
Works Contract Service
Individual/Firm/HUF
Body Corporate
50%
50%
4.
GTA in respect of services  provided or agreed to be provided  by a goods transport agency in respect of transportation  of goods by road
Goods transport agency
Consignor or Consignee is specified person
Nil
100
5.
Arbitral Tribunal
in respect of services  provided or agreed to be provided  by an arbitral tribunal
Arbitral tribunal
Business entity
Nil
100
6.
Advocate Services
in respect of services  provided or agreed to be provided  by individual advocate
Individual advocate
Business entity
Nil
100
7.
Support Service
in respect of services  provided or agreed to be provided  by way of support service by Government or local authority
Government
Business entity
Nil
100
8.
Service provided from Non-Taxable Territory to Taxable Territory in respect of any taxable services provided or agreed to be provided  by any person who is located in a non-taxable territory and received by any person located in the taxable territory
Any person
Any person
Nil
100
9.
Sponsorship
in respect of services  provided or agreed to be provided  by way of sponsorship
Any person
Body corporate or partnership firm
Nil
100
10.
Insurance Services
in respect of services  provided or agreed to be provided  by an insurance agent to any person carrying on insurance business
Insurance agent
Business man carrying on insurance business
Nil
100
11.
Services provided by a Director of a company to the said company
Director of the said Company
Company
Nil
100

Note:  As per Section 65 B (17) : "Business entity" means any person ordinarily carrying out any activity relating to industry, commerce or any other business or profession.