Showing posts with label Service Tax. Show all posts
Showing posts with label Service Tax. Show all posts

Wednesday, January 18, 2017

GST: Service tax likely to be hiked to 18 percent this budget

GST: Service tax likely to be hiked to 18 percent this budget

New Delhi: Most services are likely to attract a tax of 18 percent under the Goods and Services Tax (GST) as Union Finance Minister Arun Jaitley presents the Union Budget on February 1.

It will be interesting to witness whether the Centre raises the service tax rate from the existing 15 percent by at least one percentage point to 16 percent as a precursor to the rollout of GST.
However, the Centre and states have agreed to rollout GST from July 1, 2017, after which most services will turn costlier.

Also, a higher service tax, even for three months, will help the Centre partially offset the revenue loss after the GST kicks in, sources indicated.

Under GST, the service tax collections will be divided equally between the Centre and the states. A service tax closer to the GST rate will also help consumers avoid a greater price shock after the new system is rolled out.

Jaitley-headed GST Council has agreed on a four-slab structure -5, 12, 18 and 28 percent-along with a cess on luxury and 'sin' goods such as tobacco.

Within these, two standard rates of 12 percent and 18 percent could extend to a majority of the taxable goods.

ANI

Thursday, November 10, 2016

Filling up of posts of Senior Private Secretary in the Customs, Central Excise & Service Tax, Settlement Commission, Additional Bench, Chennai on deputation basis

Filling up of posts of Senior Private Secretary in the Customs, Central Excise & Service Tax, Settlement Commission, Additional Bench, Chennai on deputation basis

No.25/7/2016-CS-II(A)
Government of India
Ministry of Personnet Public Grievances and Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan,
New Delhi - 110 003.
Dated the 8th November, 2016
OFFICE MEMORANDUM

Subject: Filling up the posts of Senior Private Secretary in the Customs, Central Excise & Service Tax, Settlement Commission, Additional Bench, Chennai on deputation basis.

The undersigned is directed to refer to Department of Revenue's Circular No.II/16/1/2015-SC dated 26.10.2016 (copy enclosed) on the subject mentioned above, for the information of all CSSS officers of this Department. All eligible and willing officers may, accordingly, apply through proper channel, in time so as to complete the process of routing the applications to Customs & Central Excise, Settlement Commission, Additional Bench; Chennai.

2. It may be noted that Cadre Clearance from CS.II Division will be required in case of Principal Private Secretary and above level officers of CSSS applying for deputation.
Encl: As above
(Umesh Kumar Bhatia)
Under Secretary to the Govt. of India
Tel: 24623157
To,
All Ministries/Departments (through website of DoP&T)
C.No.II/16/1/2015-SC
Dated: 26.10.2016

Applications are invited for filling up the Senior Private Secretary in the Customs, Central Excise & Service Tax, Settlement Commission, Additional Bench, Chennai on deputation basis:

SENIOR PRIVATE SECRETARY
Pay Scale: Rs. 9300-34800+4800
Number of Posts: 3
Eligibility Criteria

Central Government employees:-
a) holding analogous post on regular basis; or
b) with three years regular service as Private Secretary in the posts carrying the pay scale of Rs.6500-200 - 10,500/- (pre-revised); or
c) with seven years combined service in the pay scale of Rs.500-9000 (pre revised) or Rs. 6500-10500 (pre-revised) or equivalent in the parent cadre/Department in the Stenographer cadre.
The period of deputation shall be initially for one year extendable up to three years. The pay of the officers/officials selected will be regulated in accordance with DOPT instructions. The maximum age limit for appointment shall not exceed 56 years as on the closing date of receipt of applications.

The application in the prescribed Proforma (Annexure-I) from eligible officers/officials who can be spared in the event of their selection may be forwarded directly to the Additional Commissioner at the address mentioned below within 30 days from the date of issue Advt. along with (a) up-to-date CR dossiers of the candidate concerned of photocopies of annual confidential reports for the last five years; (b) vigilance clearance report clearly 'indicating that no disciplinary or criminal proceedings vigilance clearance report clearly indicating that no disciplinary or criminal proceedings are either pending or contemplated against the official concerned; (c) statement showing the minor/major penalties imposed, if any, and (d) integrity certificate.

Incomplete applications or applications not received through proper channel or applications received after the specified date shall not be entertained and would be straight-way rejected.
Applicants should address their applications to the "Additional Commissioner" and the same sent to the undermentioned address.
Additional Bench, Chennai
Customs & Central Excise, Settlement Commisison, Additional Bench,
2nd Floor, Narmada Block, Customs House,
33 Rajaji Salai, Chennai- 600001.
R.CHANDRASEKARAN)
Assistant Commissioner
Get Full circular

Saturday, October 15, 2016

FinMin warns tax officials of action against GST protest

FinMin warns tax officials of action against GST protest

New Delhi: In the run-up to GST rollout, the finance ministry has warned tax officials of disciplinary action if they go ahead with planned protests, including taking mass casual leave, on the budget day.

The All India Association of Central Excise Gazetted Executive Officers is opposed to any assessee of excise and service tax being moved to states in the new GST regime and has given notice for protest that includes lunch hour dharnas and mass casual leave on the budget day.

The revenue department on October 10 issued an order asking officials not to go on any protest and cited service rules that bar such action.

“GST is a major tax reform. All decisions will be taken by the GST Council, keeping in mind the interest of all concerned – the tax payer and officers. Against this background, you are advised to refrain from proposed course of action,” it said.

The order cited service rules that do not permit participation in demonstrations and strikes.

The service rules attached with the order stated that “disciplinary action should be taken against the prominent participants in the ‘gherao’ by striking officers, and absence from work on account of participation in such a protest should be treated as “unauthorised absence involving break in service”.

“The absence should not be regularised as leave of any kind,” the service rules said.

Rule 7 cited in the order states that no government service shall “engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the state…”

The association plans to hold lunch hour dharnas on November 9, wearing black badge in office on December 7, day-long protest on January 5 and mass casual leave on budget day by all officers.

In its memorandum to Finance Minister Arun Jaitley, the association said the Central Board of Excise and Customs (CBEC) and its officers and employees have experience and expertise of more than 70 years in handling excise and service tax “which is missing with state officers”.

It wanted that “none of the assessees of central excise (to be levied CGST on supply of goods) and service tax (to be levied CGST on supply of services) should be transfered to states for the purpose of levy and collection of CGST by the officers of states”.

“All central excise and service tax assessees falling above the annual turnover of Rs 20 lakh should necessarily be controlled by the Centre and its officers only. No need to say we require a strong and powerful Centre in our federal system,” it added.

It wants CBEC and its officers only to collect C-GST and I-GST. “State government officials should be allowed to collect only SGST on intra-state supply of goods and services,” the body proposed.

PTI

Wednesday, April 27, 2016

Changes in National Pension System (NPS)

Changes in National Pension System (NPS)

The Government has proposed the following in the Finance Bill, 2016 with regard to the National Pension System (NPS):
i. Allowing 40 per cent of the NPS corpus tax exempt on lump sum withdrawal.
ii. Waiving service tax on the NPS corpus utilized for purchase of annuity.
iii. The amount receivable by the nominee in case of death of the subscriber covered under NPS has been made tax exempt.
iv. One-time portability without any tax implication has been allowed to the subscriber for shifting from recognized provident fund to NPS.
v. One-time portability without any tax implication has been allowed to the subscriber for shifting from superannuation fund to NPS.
As per the provisions of the Finance Bill, 2016, 40 per cent of the pension corpus under NPS is proposed to be tax exempt on lump sum withdrawal. Also, the proposal in the Union Budget, 2016-17 for taxation of 60 per cent of provident fund corpus under the Income Tax Act, 1961 has been withdrawn by the Government. Employees’ Provident Fund (EPF) remains an Exempt Scheme.

However, EPF and NPS are different schemes available to separate categories of subscribers and they are not comparable on one-to-one basis.

This information given by Shri Bandaru Dattatreya, Minister of State (IC) for Labour and Employment, in reply to a question in Rajya Sabha today.

PIB

Monday, February 29, 2016

Measures for moving towards a pensioned society

Measures for moving towards a pensioned society

While presenting the General Budget 2016-17 in Lok Sabha today, the Union Finance Minister Shri Arun Jaitley said that pension schemes offer financial protection to senior citizens. He proposed to make withdrawal up to 40% of the corpus at the time of retirement tax exempt in the case of National Pension Scheme(NPS). In case of superannuation funds and recognized provident funds, including EPF, the same norm of 40% of corpus to be tax free will apply in respect of corpus created out of contributions made after 1.4.2016. Further, the annuity fund which goes to the legal heir after the death of pensioner will not be taxable in all three cases.

He also proposed a monetary limit for contribution of employer in recognized Provident and Superannuation Fund of Rs. 1.5 lakh per annum for taking tax benefit.

He proposed to exempt from service tax the Annuity services provided by the National Pension Scheme (NPS) and Services provided by EPFO to employees. Also, he proposed to reduce service tax on Single premium Annuity (Insurance) Policies from 3.5% to 1.4% of the premium paid in certain cases.

PIB

Thursday, February 18, 2016

Government may hike service tax to 16%: Budget 2016

Government may hike service tax to 16%: Budget 2016

service-tax-hike-budget-2016


To shore up its revenues in order to spend more, the government may increase service tax to 16 percent from the current 14 percent, a move that would make many services costlier, according to a report by business news channel CNBC-TV18.

“In addition to the Swachh Bharat Cess of 0.5 percent already levied, sources say the service tax rate is projected to rise by 2 percent to 16 percent,” the channel reported.

If the government does raise the service tax rate, one would have to pay higher for restaurant bills, air tickets, mobile phones, to name a few, as the tax is collected from the end user.

The Swachh Bharat cess of 0.5 percent was levied with effect from 15 November, 2015, on all services that attract service tax.

The government is hard pressed to shore up its revenues for a probable hike in social welfare spending in view of the upcoming state assembly polls in Kerala, Puducherry, West Bengal, Tamil Nadu and Assam, which are crucial for the ruling BJP at the Centre to increase its tally in the Rajya Sabha.

On Wednesday, the government estimated a shortfall of about Rs 40,000 crore in direct tax collections, though it said that the same would be managed by a rise in indirect tax collections. The total taxes collected stood at Rs 10.66 lakh crore, 73.5 percent of the budgeted estimates of Rs 14.49 lakh crore for FY2016, it said in a statement.

The government has utilised the fall in crude oil prices to raise excise duty on petrol and diesel during the past three months to mop up an additional Rs 17,000 crore during the current fiscal.

The Union Budget for FY2016-2017 will be presented by union Finance Minister Arun Jaitley on Feb. 29, 2016. The budget session of Parliament commences on Feb. 23, 2016.

Wednesday, November 11, 2015

Government Sets 5-Day Timeline for 80% Service Tax Refund

Government Sets 5-Day Timeline for 80% Service Tax Refund

New Delhi: Seeking to fast-track service tax refund to exporters, the Central Board of Excise and Customs (CBEC) on Tuesday fixed a timeline for 80 per cent payment of the total amount claimed.

“On the receipt of the document… in respect of the pending case, the jurisdictional deputy/assistant commissioner… will make a provisional payment of 80 per cent of the amount claimed as refund within five working days of the receipt of the documents,” a CBEC circular said.

The move will speed up sanction of the refund accumulated CENVAT credit to exporters of the services, it added.

It is also clarified that the decision to grant provisional payment is an administrative order and not a quasi-judicial order and should not be subjected to review.

This payment of 80 per cent of the refund shall be purely provisional based on the documents above and without prejudice to the department’s right to check the correctness of the claim in terms of the relevant notification, it said.

On the CBEC move, Nasscom said the circular has reiterated granting 80 per cent upfront refund within a week and the balance 20 per cent on scrutiny of applications.

This is applicable to service tax refund claims filed under Rule 5 of the CENVAT Credit Rules, 2004 (CENVAT Rules) on or before March 31, 2015.

“This scheme is applicable to cases that have not been disposed of so far. A claimant on submission of statutory auditor certificate certifying refund eligibility in the prescribed format and an undertaking to repay with interest in the case of refund adjustment, will receive 80 per cent refund amount within five days,” it said.

Source: NDTV

Tuesday, July 14, 2015

Service Charges Collected by Restaurants/Hotels/Eateries Retained by the Restaurants/Hotels/Eateries and are Not ‘Service Tax’ Imposed by the Government

Service Charges Collected by Restaurants/Hotels/Eateries Retained by the Restaurants/Hotels/Eateries and are Not ‘Service Tax’ Imposed by the Government

Ministry of Finance
Press Information Bureau
Government of India
14-July, 2015

Some restaurants/hotels/eateries besides charging for the food and beverages are also charging ‘service charges’ in their bills. The proceeds of the ‘service charges’ are retained by the restaurants/hotels/eateries.
Some of the consumers have a misapprehension that these ‘service charges’ are being collected by the restaurant on behalf of the Government as tax.

It is clarified that these ‘service charges’ collected by the restaurants/hotels/eateries are retained by the restaurants/hotels/eateries and are not ‘service tax’ imposed by the Government.

It is further clarified that effective service tax rate in respect of services provided in relation to serving of food or beverage by a restaurant, eating joint or mess having the facility of air–conditioning or central air-heating in any part of the establishment is 5.6% (14% of 40%) of the total amount charged.

PIB

Tuesday, June 23, 2015

Fin Min reduces penalty for customs duty fraud by 10%

Fin Min reduces penalty for customs duty fraud by 10%

New Delhi: The penalty in cases of customs duty fraud has been reduced by 10 per cent by the Finance Ministry.

Section 28 of the Customs Act, 1962, has been amended and now the amount of penalty payable in cases involving fraud, collusion, wilful mis-statement or suppression of facts with the intent to evade payment of duty, shall be fifteen per cent instead of 25 per cent.

Also, there will be a penalty not exceeding ten per cent of the duty sought to be evaded or Rs 5,000, whichever is higher, for improper export and import of goods.

Sections 112 and 114 of the Customs Act which, respectively provide for penalty for improper import and export of goods, have been amended by insertion of new clauses to provide for a penalty of up to 10 per cent of the duty sought to be evaded or Rs 5,000, whichever is higher, according to Finance Act, 2015.
The Ministry has also rationalised imposition of penalty on central excise duty and service tax evasions by fraud and other means.

In case of any wilful evasion of central excise duty, a penalty equal to the duty evasion will be payable. Similarly, the penalty will be hundred per cent of Service Tax amount involved in such cases.

A reduced penalty equal to 15 per cent of the Service Tax amount is to be paid if Service Tax, interest and reduced penalty is paid within 30 days of service of notice in this regard, the Act said.

There will be no penalty imposed on an assessee if the customs, excise duties or service tax are not properly levied, if those amounts along with interest are paid within 30 days of issuance of show-cause notices, it said.
The penalty waiver, which is part of Finance Act, 2015, that got President Pranab Mukherjee’s assent last month, is applicable in cases of fraud, collusion or wilful mis-statements.

PTI

Wednesday, June 10, 2015

Clarification Issued in the Matter of Service Tax

Clarification Issued in the Matter of Service Tax; Only Air-Conditioned or Air-Heated Restaurants to Pay Service Tax; Restaurants, Eating-Joints or Messes Which Do Not Have the Facility of Air-Conditioning Or Central Air-Heating in Any Part of the Establishment are Exempt from Service Tax.

At present, Service Tax is chargeable on services provided by restaurants, eating-joints or messes which have the facility of air-conditioning or central air-heating in any part of the establishment at any time during the year in relation to serving of food or beverages. Restaurants, eating-joints or messes which do not have the facility of air-conditioning or central air-heating in any part of the establishment are exempt from service tax. In other words, only air-conditioned or air-heated restaurants are required to pay Service Tax.

In respect of such air-conditioned or air-heated restaurants which are required to pay Service Tax, 60% of the value is to be deducted from the total amount charged while applying the rate of Service Tax and tax is to be calculated on the balance 40%. With the increase in the rate of Service Tax to 14% (subsuming the Education Cesses) with effect from 1.6.2015, the effective rate of tax will be 5.6% of the total amount charged. Prior to 1.6.2015, when the rate of Service Tax was 12.36% (including Education Cesses), the effective rate was 4.94%.

PIB

Saturday, March 28, 2015

Customs, Central excise offices to remain open tomorrow

Customs, Central excise offices to remain open tomorrow

New Delhi: All field offices under the chief commissioners of customs, central excise and service tax will remain open tomorrow to facilitate payment of taxes and filing of returns by taxpayers as the current fiscal draws to a close.

The Central Board of Excise and Customs (CBEC) has decided to keep open all the field offices under the chief commissioners to facilitate the tax-payers in payment of taxes or filing returns and in carrying out other procedural formalities and to provide any clarifications which may be required by the taxpayers, a Finance Ministry release said.

This special measure taken by the CBEC is in addition to the 24×7 facilities provided by the Customs formations at the ports and airports, it said.

PTI

Tuesday, July 22, 2014

Incentives to Food Processing Units

Incentives to Food Processing Units
The Ministry has launched a Centrally Sponsored Scheme of National Mission on Food Processing (NMFP) in 12th Plan (2012-17) through State/UT Governments. The mission has, interalia, one of the schemes namely scheme of Technology Upgradation/ Establishment/ Modernization of Food Processing Industries. Under the above scheme of the mission, all the eligible Small and Medium entrepreneurs interested to set up food processing units are provided financial assistance @25 per cent of the cost of Plant & Machinery and Technical Civil Works, subject to a maximum of Rs. 50 lakh in general areas; 33.33 per cent of the cost of Plant & Machinery and Technical Civil Works, subject to a maximum of Rs. 75 lakh in difficult areas (i.e. Jammu & Kashmir, Himachal Pradesh, Uttarakhand, Andaman & Nicobar Islands and Lakshadweep) and Integrated Tribal Development Project (ITDP) areas; and 50 per cent of the cost of Plant & Machinery and Technical Civil Works, subject to a maximum of Rs.100 lakh for North-Eastern States including Sikkim.
The applications for the above scheme of the mission are received, sanctioned and funds are released by the respective State/UT Governments, for setting up of Food Processing Units in the country.

In addition, Government of India provides various tax incentives to the Food Processing Industries set up by Small and Medium entrepreneurs and their units in the country including Uttar Pradesh.

1. Income Tax:
1.1. Deduction of expenditure: These incentives are allowed for the following businesses for the investment made in the previous year and prior to commencement of its operations:

1.1.1. Businesses allowed 100% deduction:
(a) Setting up and operating a cold chain facility.
(b) Setting up and operating warehousing facility for storage of agricultural produce.
 
1.1.2. Businesses allowed 150% deduction (provided the taxpayer has commenced its business on or after 01.04.2012):
(a) Bee-keeping and production of honey and bees wax.
(b) Setting up and operating a warehousing facility for storage of sugar.

1.2. Deduction of Tax from profit: This tax incentive is available at the rate of 100% tax exemption for the first 5 years of operations. After 5 years, it is at the rate of 25% of the profits. However, in case of a company, rate of tax is 30% of profits, after 5 years of operations. This benefit is available only for ten years provided that such business had commenced with effect from 01.04.2001. This incentive is provided for new units in the business of processing, preservation & packaging of fruits or vegetables, meat & meat Products, poultry, marine or dairy products. However, in case of business relating to meat, meat products, poultry, marine products or dairy products, the above incentive is available to only those units who have started their production after 01.04.2009.
 
2. Service Tax:

2.1. Negative list: Service tax is not leviable on items contained in the negative list. These are services including processes carried out at an agricultural farm including tending, pruning, cutting, harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling or bulk packaging and such operations which do not alter the essential characteristics of agricultural produce but make it only marketable for the primary market.

2.2. Exempted category: Exemption from Service Tax is allowed for following services:
(i) Construction, Erection, Commissioning or installation of original works pertaining to post-harvest storage infrastructure for agricultural produce including Cold storages for such purposes.
(ii) Mechanized Food grain handling system, machinery or equipment for units processing agricultural produce as food stuff excluding alcoholic beverages; and
(iii) Services provided by a goods transport agency by way of transportation of fruits, vegetables, eggs, milk, food grains or pulses in a goods carriage.
(iv) Services of Loading, unloading, packing, storage or warehousing of agricultural produce.
 
3. Customs Duty:

3.1. Government has provided following Project Import benefits:
(i) Projects for the installation of mechanized food grain handling systems and pallet racking systems in ‘Mandis’ and Warehouses for food grains and sugar;
(ii) Cold storage, cold room (including for farm level pre-cooling) or industrial projects for preservation, storage or processing of agricultural, apiary, horticultural, dairy, poultry, aquatic and marine produce and meat.
Consequently, all goods related to Food Processing, imported as part of the project, irrespective of their tariff classification, would be entitled to uniform assessment at concessional customs duty of 5% plus CVD as applicable.

3.2. Customs duty on Hazelnuts has been reduced from 30% to 10%.

3.3. Customs Duty on De-hulled Oat grains has been reduced from 30% to 15%.

4. Central Excise Duty:
In order to promote food processing industry, the Government has given following concessions in Central Excise Duty from time to time:

4.1. Food Products:
(i) Nil excise duty in milk, milk products (Chapter 4), vegetables (Chapter 7), nuts & fruits, fresh & dried (Chapter 8).
(ii) As against standard excise duty of 12%, Processed Fruits & Vegetables (Chapter 20) carries a merit rate of 2% without CENVAT or 6% with CENVAT.
(iii) Soya Milk Drinks, Flavoured Milk of Animal origin also carry a duty of 2% without CENVAT or 6% with CENVAT.
(iv) Excise duty on “Tapioca Starch manufactured and captively consumed within the factory of their production, in the manufacture of Tapioca Sago (Sabudana)” and excise duty on Tapioca Sago (Sabudana) has been reduced to nil in the Budget 2013-14.

4.2. Food Processing Machineries:
(i) All Refrigeration Machineries and parts used for installation of Cold storage, Cold room or Refrigerated Vehicle, for the preservation, storage , transport or processing of agricultural, apiary, horticultural, dairy, poultry, aquatic and marine produce and meat are exempted from Excise Duty.

(ii) Pasteurising, drying, evaporating, etc. machinery used in Dairy sector is exempted from Excise Duty.
This information was given by the Minister of State for Food Processing Industries Dr. Sanjeev Kumar Balyan in a written reply in the Lok Sabha today.

Source: PIB

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