Construction of Civil Structure will attract higher Service Tax as Govt Amended notification No. 26/2012

By | February 29, 2016

Seeks to amend notification No. 26/2012-Service Tax, dated 20th June 2012, so as to make necessary amendments in the specified entries prescribing taxable portion and the conditions for availing the exemption therein

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

NOTIFICATION No. 8/2016-Service Tax

New Delhi, the 1st March, 2016

G.S.R. —(E).-In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.26/2012- Service Tax, dated the 20thJune, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 468 (E), dated the 20thJune, 2012, namely:-

1. In the said notification,

(a) in the first paragraph, in the TABLE, –

(i) for Sl. No. 2 and the entries relating thereto, the following shall be substituted, namely :-

n1

(ii) after Sl. No. 2 and the entries relating thereto, the following serial number and entries relating thereto shall be inserted, namely :-

n2

(iii) against Sl.No. 3, in column (4), for the entry, the following shall be substituted, namely:-

“CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.”;

(iv) against Sl. No. 7, in column (2), for the entry, the following shall be substituted, namely :-

“Services of goods transport agency in relation to transportation of goods other than used household goods.”;

(v) after Sl. No. 7 and the entries relating thereto, the following serial numbers and entries relating thereto shall be inserted, namely :-

n3

n4

(vi) against Sl. No. 9A, in column (2), after item (b) and the entry relating thereto, the following item and entry relating thereto shall be inserted with effect from 1 stJune, 2016, namely :-

“(c) a stage carriage”;

(vii) against Sl. No. 10, in column (4), for the entry, the following shall be substituted, namely :-

“CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.”.

(viii) for Sl. No. 11 and the entries relating thereto, the following shall be substituted, namely:-

n5n6

n7n8

(ix) for Sl. No. 12 and the entries relating thereto, the following shall be substituted, namely:-

n9

(b) in the Explanation, after paragraph B, the following paragraph shall be inserted, namely:-

“BA. For the purposes of exemption at Serial number 9, the amount charged shall be the sum total of the amount charged for the service including the fair market value of all goods (including fuel) and services supplied by the recipient(s) in or in relation to the service, whether or not supplied under the same contract or any other contract:

Provided that the fair market value of goods and services so supplied may be determined in accordance with the generally accepted accounting principles.”.

2. Save as otherwise provided, this notification shall come into force on the 1stApril, 2016.

[F.No. 334/8/2016 – TRU]

(K. Kalimuthu)

Under Secretary to the Government of India

Note:-The principal notification No. 26/2012 – Service Tax, dated 20thJune, 2012, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i) vide number G.S.R. 468 (E), dated the 20thJune, 2012 and was last amended by notification No.13/2015- Service Tax, dated the 19th May, 2015, vide G.S.R. 397(E), dated the 19th May, 2015.

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