Negative List of service tax

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  • 8/13/2019 Negative List of service tax

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    NEGATIVE LIST

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    LIST OF NEGATIVE SERVICES

    Sec 65B , it

    specificallyexcludes serviceslisted in the

    negative list. Wherever the termtaxable service is

    used it does includethe services listed in

    the negative list.

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    Services by Govt. orLocal Authority..

    Excluding

    Services by post Department such asSpeed post, express parcel post, life

    insurance provided to a person otherthan Govt..

    Transport of goods or passengers

    Services in relation to aircraft orvessel, port or airport

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    Meaning of Government and Local Authority

    The phrase Government has not been defined in this Act. Asper General Understanding Government includes both CentralGovernment and any State Government.

    Local Authority is nothing but Panchayat, Municipality,

    Cantonment Board, development board and regional council.

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    A statutory body, corporation or anauthority created by the Parliament

    or a State Legislature cannot be

    regarded as Government and localauthority.

    All services provided by theReserve Bank of India (RBI)

    are in the negative list.Services provided to the RBIare not in the negative list so

    it is taxable.

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    Any services by a

    diplomatic missionlocated in India. Thisentry does not cover

    services, if any,provided by any office

    or establishment of aninternationalorganization.

    Processesamounting to

    manufacture ofgoods

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    Services relating to agriculture or agriculturalproduce..

    Includingcultivation,harvesting,

    seed testingetc..

    Supply offarm labour

    Renting orleasing of

    agromachinery orvacant land

    Loading orunloading,

    packing,storage or

    warehousing

    ofagriculturalproduce.

    Services ofmarketing

    Committeeby a

    commissionagent for

    Sale ofAgricultural

    produce.

    Agriculturalextension

    services Likescientific

    research &knowledgeto farmerthrough

    education

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    Services by commission agent, clearing

    and forwarding agent because the title in

    the goods never passes on to such

    agents.

    Betting, gambling or lottery except

    services that are used for organizing

    Such events are not covered in this

    service.

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    Selling of space or time slot for advertisement other

    than TV or Radio.

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    Taxable Non-taxable

    Sale of space or time for advertisement tobe broadcast on radio or television Sale of space for advertisement in print -media

    Sale of time slot by a broadcastingorganization.

    Sale of space for advertisement in boardspublic places, buildings, conveyances, cell

    phones, automated teller machines,internet.

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    Service by way ofaccess to a road or a

    bridge on payment oftoll charges

    It may beNational Highwayor state highway

    Collectioncharges or

    service chargespaid to any toll

    collectingagency are notcovered in the

    entry

    Admission toEntertainment events

    and access toamusement facilities.

    Entertainmentevents such asexhibition offilms, circus,

    sporting events,award functions,

    danceperformances,

    musical

    performances

    Amusementfacilities wherefun is provided

    by means ofamusementparks,

    amusementarcades, waterparks, theme

    parks etc.10

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    The Central ElectricityAuthority

    A State Electricity Board

    The Central TransmissionUtility (CTU)

    A State Transmission Utility(STU)

    Transmission or distribution ofelectricity by an electricity

    transmission or distributionutility.

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    Services byway of

    Pre-school

    education andeducation up to

    higher secondaryschool

    Education as partof curriculum

    Vocationaleducation course.

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    Renting of residential

    dwelling for use asresidence includes

    letting, leasing,licensing does not

    include hotel, motel,guest house, camp

    site, lodge, houseboat etc

    Funeral, burial,crematorium or

    mortuary servicesincluding

    transportation of the

    deceased.

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    A stage carrier.

    Railway other than first or airconditional coach.

    Metro or monorail.

    Public transport other thanpredominantly for tourism purpose.

    Meter cabs or auto rickshaws.

    TransportationService to

    passengers, withor without

    accompanied

    belongings, by-

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    Services by way of transportation of goods (except GTAand Courier) including vessel or aircraft waterways

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    Nature of service relating to transportation of goods Whether covered inthe negative list

    entry?

    By railways No

    By air within the country or abroad No

    By a vessel in the coastal waters No

    By a vessel on a national waterway Yes

    Services provided by a GTA No