Budget Changes and Negative List - Bengal Chamber of ... · PDF filetaxable service Before...

Budget Changes and Negative List
Bengal Chamber of Commerce and Industry
15 June 2012

2012 Deloitte Touche Tohmatsu India Private Limited
Contents
Changes in the existing legislations
Excise Duty
Customs Duty
Service Tax
Negative list based taxation of services
Announcements on GST
2

Excise Duty
3

Central excise
Key changes in rates
General / across-the board rate increase:
*Other than for fertilizers, articles of jewellery of heading 7113, Mobile hand sets and cellular phones
# Coal shall continue to be subjected to 5% excise duty [CH 2701]
4
Category From To
Standard rate* 10% 12%
Merit rate # 5% 6%
Special rate (130 goods, no CENVAT) 1% 2%
Medicinal and Toilet Preparations under M&TP
(Excise Duties) Act
10% 12%

Central excise
RSP based valuation, exemptions
RSP based valuation for certain products with abatement
Full exemption:
Food preparations containing fruits and vegetables falling under Chapter
20, which are prepared and served in a hotel, restaurant or retail outlet
whether or not such food is consumed in such a hotel, restaurant or retail
outlet
Parts and testing equipment for manufacture, repair and overhauling of
aircraft falling under heading 8802
5
Products Abatement %
Various types of cement 30%
Cigarettes 50%
All types of footwear 35%

Customs Duty
6

Customs duty
No change in peak rate of customs duty of 10% on non-agricultural products Duplication of Education Cess and SHE Cess on imported goods removed
Effective rate of customs duty increased from 26.85% to 28.85% on account of
increase in CVD
Illustrative calculation of customs duty:
7
Particulars Amount (`)
Assessable value 100.000 BCD (A) 10% 10.000
CVD (B) 12% 13.200
3% Cess on total customs duty (C) 3% 0.696
SAD (D) 4% 4.956
Total Customs Duty payable
A+B+C+D 28.852

Customs duty
Increase in Basic Customs Duty:
Basic customs duty of 2% is being imposed on cut and polished coloured
gemstones.
Duty-free allowance under the Baggage Rules increased from ` 25000 to `35000 for passengers of Indian origin and from ` 12000 to `15000 for children up to 10 years of age.
8
Tariff item Old rate New rate
Specified Completely Built Units
(CBUs) of large cars/ MUVs/ SUVs
60% 75%
Flat rolled products (HR and CR) of
non-alloy steel
5% 7.5%
Standard gold bars and platinum
bars
2% 4%
Bicycles 10% 30%
Parts of bicycles 10% 20%
Digital Still Cameras of certain
specification
Nil 10%

Customs duty
Other important changes
For availing exemption from SAD on subsequent sale, importer is required to
declare the following:
State of destination where the goods are intended to be sold for the first time
after import and
VAT registration number
Certain classes of importers required to pay Customs duty electronically
The Customs (Import of goods at concessional rate of duty for manufacture of
excisable goods) Rules, 1996 amended to liberalize and simplify the procedure
9

Service Tax
10

Service tax
Rate changes w.e.f 1 April 2012
Rate of Service Tax enhanced from 10% to 12%
Changes in composition rates:
Life insurance : 3% for the first years premium and 1.5% for the subsequent
years premium (earlier rate: flat 1.5%)
Works contract: enhanced from 4% to 4.8%
Money changing: Existing rate proportionately increased by 20%
Distributors or selling agents of lotteries:
11
Guaranteed prize
payout
Composition rate on every `10 lacs (or part thereof) of aggregate face value of lottery tickets printed
Existing (`) Revised (`)
More than 80% 6000 7000
Less than 80% 9000 11000

Service tax
Rate changes
Impact of change in rate:
12
Provision of taxable service
Before change
PoT= Date of issue of invoice
or Date of payment
w.i.earlier
After change
Both invoicing and payment
done BEFORE change
or Date of payment
w.i. earlier
Either invoicing or payment done AFTER change
or Date of payment
w.i. later
Both invoicing and payment done
AFTER change
or Date of payment
w.i.earlier
Notes:
Date of payment shall be date of entry in books or credit in bank account, whichever is earlier.
The above chart is based on the assumption that invoice is issued within time prescribed.
As per CBEC circular, increased rate would be applicable in cases where payment for specified services (on
which tax was discharged on payment basis) is received on or after 1 April 2012 for invoices issued before 1
April 2012 and in cases where tax is to be paid under reverse charge mechanism.

Service tax
Procedural Changes
Limitation period for issuing SCN extended from 12 months to 18 months
Limitation period for filing appeals:
Appeal to Commissioner Appeals: from 3 months to 2 months (for assessee)
Appeal to Tribunal: from 3 months to 4 months (for Department)
Provisions of central excise pertaining to Settlement Commission extended to
service tax
Prosecution provisions applicable for evasion of payment of service tax
Non-issuance of invoice, unless with mala-fide intent, not to attract prosecution
provisions now
Powers of Special audit by external auditor appointed by Commissioner
Full penalty waived on payment of Service tax on Renting of Immovable
Property due as on 6 March 2012 along with interest, within 6 months
13

Service tax
Service tax rules- w.e.f. 1 April 2012
Changes to be applicable w.e.f. 1 April 2012 Definition of partnership to include LLP
Increase in time limit for issuance of invoice:
45 days for banks and financial institutions
30 days for others
Discharging service tax liability on payment basis:
Allowed to individuals and partnership firms having aggregate value of taxable
services less than ` 50 lacs
Adjustments of excess payment of Service Tax allowed for unlimited amount
(earlier up to ` 2 lacs) subject to prescribed conditions
14

Negative List Based Taxation
of Services
15

Negative list based taxation of services
Basic Concepts under the Proposed Negative List of Services
Taxability of Services
Negative List of Services
Declared List of Services
Exempted Services
Rules of Interpretation
Place of Provision of Services Rules, 2012
Other changes
16

Basic concepts
Present regime
Present scheme of service tax
law provides for around 120
specified categories of
services which shall be subject
to service tax
Proposed regime under
Negative List
Any service other than
mentioned in negative list
shall be subject matter of
taxation. The specific
categories of services shall
be done away with.
Negative list based taxation to be effective from the date to be notified

Basic concepts
18
Service
Exclusions from definition
of Service
Negative List of Services
Exempt Services
Taxable Services
Declared Services
Other than Declared Services

Service
Definition of service:
19
Service Sec 65B(44)
any activity
carried out by a person for another
for consideration
and includes a declared service

Service
20
any activity that constitutes only a transfer in title of goods or immovable property by way of sale, gift or in any other manner
such transfer, delivery or supply of any goods which is deemed to be a sale within the meaning of clause (29A) of article 366 of the Constitution
a transa

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