Negative list

Definition of “Negative List” of Services

"negative list" means the services which are listed in section 66D;

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1. Services by Government or a local authorityexcluding the following services to the extent they arenot covered elsewhere—• Services by the Department of Posts by way of speed

post, express parcel post, life insurance and agencyservices provided to a person other than Government;

Section 66D-

Negative list shall comprise following service

Serial No. 1 to 17

• services in relation to an aircraft or a vessel, inside oroutside the precincts of a port or an airport;

• transport of goods or passengers; or• support services, other than services covered under

clauses (i) to (iii) above, provided to business entities;2. services by the Reserve Bank of India;

Continued….


3. services by a foreign diplomatic mission located inIndia;4. services relating to agriculture by way of—

• agricultural operations directly related to production ofany agricultural produce including cultivation,harvesting, threshing, plant protection or seed testing;• supply of farm labour;•

Section 66D-Negative list shall comprise following service

• processes carried out at an agricultural farm includingtending, pruning, cutting, harvesting, drying, cleaning,trimming, sun drying, fumigating, curing, sorting,grading, cooling or bulk packaging and such likeoperations which do not alter the essentialcharacteristics of agricultural produce but make it onlymarketable for the primary market;Continued….


• renting or leasing of agro machinery or vacant landwith or without a structure incidental to its use;

• loading, unloading, packing, storage or warehousingof agricultural produce;


of agricultural produce;• agricultural extension services;• services by any Agricultural Produce Marketing

Committee or Board or services provided by acommission agent for sale or purchase ofagricultural produce;

Continued….CA Shekhar Sane - 98230-91364 ([email protected] and [email protected]) 15

5. trading of goods;DEEMED SALE :

Pursuant to amendment of Article 366 of the Constitution, the following deemed transactions are also covered within the definition of Deemed Sale :


definition of Deemed Sale :� A transfer , otherwise than in pursuance of a contract, of

property in any goods for cash, deferred payment or other valuable consideration;

� A transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;

� A delivery of goods on hire – purchase or any system of payment by installments;

Continued….CA Shekhar Sane - 98230-91364 ([email protected] and [email protected]) 16

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6. any process amounting to manufacture orproduction of goods;

“Process amounting to manufacture or productionof goods is a process on which duties ofexcise are leviable under section 3 of theCentral Excise Act, 1944 or any process

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amounting to manufacture of alcoholic liquorsfor human consumption, opium, Indian hempand other narcotic drugs and narcotics onwhich duties of excise are leviable under anyState Act for the time being in force”

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7. selling of space or time slots foradvertisements other thanadvertisements broadcast by radio ortelevision;

Taxable Non - TaxableSale of space or time for advertisement to be

Sale of space for advertisement in print media


advertisement to be broadcast on radio or television

advertisement in print media

Sale of time slot by a broadcasting organization

Sale of space for advertisement in bill boards, public places, buildings, conveyances, cell phones, automated teller machines, internetAerial advertising

8. service by way of access to a road or abridge on payment of toll charges;

9. betting, gambling or lottery;�� )<"�� :�� %��!� ��.�� !��.��

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10. admission to entertainment events or access toamusement facilities;

Entertainment Event’ : Section 65B of the Act definesEntertainment Event as an event or a performance


which is intended to provide recreation, pastime, funor enjoyment, such as exhibition of cinematographicfilms, circus, concerts, sporting events, fairs, pageants,award functions, dance performances, musicalperformances, theatrical performances includingcultural programs, drama, ballets or any such event orprogramme’.


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11. Transmission or distribution of electricity by an electricity transmission or distribution utility :

Section 65B of the Act defines ‘Electricity transmission or distribution utility’ as,

� The Central Electricity Authority� A State Electricity Board� The Central Transmission Utility (CTU)The Central Transmission Utility (CTU)� A State Transmission Utility (STU) notified under the

Electricity Act, 2003 (36 of 2003)� A distribution or transmission licensee licensed under the

said Act� Any other entity entrusted with such function by the Central

or State Government


12. services by way of—• pre-school education and education up to higher

secondary school or equivalent;• education as a part of a curriculum for obtaining a

qualification recognized by any law for the timebeing in force;

• education as a part of an approved vocational• education as a part of an approved vocationaleducation course;

…. Continued


‘Equivalent’ : Presently, many schools in India intend to affiliate themselves with the universities located outside India. Such affiliation enables them to teach the courses provided by Universities located outside India. More & more students are opting for education in schools affiliated with IB (International Baccalaureate), CBSE, ICSE, etc. The Association of Indian Universities (AIU) are required to recognize such education and give its equivalent in Indian condition. For Eg : AIU has rated IB Diploma Programme at par with class 12th of State Board. The word ‘Equivalent’ used in the definition means that the course is equivalent to the course taught in India by Board / Universities. Such approved courses also would be excluded from the purview of taxability.



13. services by way of renting of residential dwellingfor use as residence;

‘Bundled Service’ means a bundle of provision of various services wherein an element of provision of one service is combined with an element or elements of provision of any other service or services. An example of ‘bundled service’ would be air transport services provided by airlines wherein an element of transportation of passengers by air is combined with an element of provision of catering service on board. Each service involves differential treatment as a manner of determination of value of two services for the purpose of charging service tax in different.

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14. services by way of—• extending deposits, loans or advances in sofar as the consideration is represented byway of interest or discount;

• inter se sale or purchase of foreigncurrency amongst banks or authorizedcurrency amongst banks or authorizeddealers of foreign exchange or amongstbanks and such dealers;



15. service of transportation of passengers, withor without accompanied belongings, by—• a stage carriage;• railways in a class other than—• railways in a class other than—

(A) first class; or(B) an airconditioned coach;

• metro, monorail or tramway;• inland waterways;• public transport, other than predominantly for

tourism purpose, in a vessel between placeslocated in India; and

• metered cabs, radio taxis or auto rickshaws;CA Shekhar Sane - 98230-91364 ([email protected] and [email protected]) 30


16. services by way of transportation of goods—• by road except the services of—

(A) a goods transportation agency; or(B) a courier agency;

• by an aircraft or a vessel from a place outsideIndia upto the customs station of clearance inIndia; or

• by inland waterways;


Transport of Goods by Road and Issue of Consignment Note :Eg. : ‘A’ of Mumbai intends to transport the goodsfrom Mumbai to ‘B’ of Jaipur, ‘A’ will deposit thegoods with a transporter say ‘Z’ who will issue theconsignment note in favour of consignee i.e ‘B’ inconsignment note in favour of consignee i.e ‘B’ inJaipur. ‘A’ will send the original copy of theconsignment note to ‘B’ to enable him to collectthe goods from the office of ‘Z’ situated in Jaipur.The definition contemplates that theconsignment note must be issued by goodstransport agency.


17. funeral, burial, crematorium or mortuary services including transportation of the deceased.

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Education

Negative list