Here in India Service Tax is the liability of the person who provides the services.
It means generally the service provider is responsible for the tax liability.
There are some exception in Service Tax Act to the above rule is that the responsibility is on service provider.
In some category of services the ultimate responsibility is on Service Receiver.
There are few services in which some abatement is considered at the time of payment of tax.There is a reverse charge is applicable to few services
In reverse charge the liability of Service Tax Payment is on the Service Receiver.
The detailed chart is as follows for the Reverse charge services.
It means generally the service provider is responsible for the tax liability.
There are some exception in Service Tax Act to the above rule is that the responsibility is on service provider.
In some category of services the ultimate responsibility is on Service Receiver.
There are few services in which some abatement is considered at the time of payment of tax.There is a reverse charge is applicable to few services
In reverse charge the liability of Service Tax Payment is on the Service Receiver.
The detailed chart is as follows for the Reverse charge services.
Sr. No.
|
Description of service
|
Service Provider
|
Service Receiver
|
Liability of service
tax
|
1
|
Insurance
agent's service
|
Insurance Agent
|
Insurance Company
|
100% by insurance company
|
2
|
Goods Transport Agency (GTA) service
|
Goods Transport Agency (one who issues consignment note)
|
Consignor or consignee who is (a) factory, society, registered
dealer of excisable goods, body corporate, partnership firm, AOP and (b) who
pays or is liable to pay freight either himself or through his agent for
transportation of such goods in goods carriage
|
Tax payable on 25% of value if Cenvat credit has not been
availed by service provider. Hence, it is necessary to obtain certificate
from the service provider (GTA) that he has not availed any Cenvat credit.
Otherwise, service tax will be payable on 100% of the value.
Entire
tax is payable by service receiver.
Person
liable to pay freight for transportation of goods, located in taxable
territory, shall be the person who receives the service. If such person is
located in non-taxable territory, the provider of service shall be liable to
pay service tax.
|
3
|
Sponsorship service
|
Any person
|
Any body corporate or partnership firm located in the taxable
territory
|
Entire tax payable by service receiver. If the receiver of
service is not body corporate or partnership firm or if such body corporate
or partnership firm is not located
in taxable territory, the service provider (i.e. person receiving the
sponsorship money) will be liable to pay the service tax.
|
4
|
Arbitral Tribunal services
|
Arbitral
Tribunal
|
Business Entity
|
Entire tax payable by service receiver
|
5
|
Advocate or Advocate Firms for Legal services
|
Individual Advocate or Advocate Firms
|
Business Entity having turnover exceeding ` ten lakhs per
annum, located in taxable territory
|
Entire tax payable by service receiver
|
6
|
Services of director towords company
|
Director
|
Company
|
Entire tax payable by service receiver
|
7
|
Support Services by Government or Local Authority excluding renting of immovable
property and services specified in clauses (i), (ii) and (iii) of Section
66D(a) of Finance Act, 1994 (These cover postal, port, airport and railway
services)
|
Government or Local Authority
|
Business Entity located in taxable territory
|
Entire tax payable by service receiver
|
7
|
Renting or hiring of motor vehicle designed to carry
passengers to any person who is not in the similar line of business
|
Individual, HUF, proprietary or partnership firm, AOP located
in taxable territory
|
Business entity registered as body corporate located in the
taxable territory
|
Tax on 40% of value by service receiver and Nil by service
provider. If the service provider intends to avail Cenvat credit, he can pay
service tax on balance 60%. Thus, service receiver is liable to pay service
tax only on 40% value.
|
8
|
Supply of Manpower for any purpose or security service (The
words ‘or security service’
were added w.e.f. 7-8-2012
|
Individual, HUF, proprietary or partnership firm, AOP located
in taxable territory
|
Business entity registered as body corporate located in the
taxable territory
|
Tax on 25% of value by service provider and 75% by service
receiver
|
9
|
Service portion in execution of Works Contract
|
Individual, HUF, proprietary or partnership firm, AOP located
in taxable territory
|
Business entity registered as body corporate located in the
taxable territory
|
Tax on 50% of value by service provider and 50% by service
receiver
|
10
|
Services received from non-taxable territory (Import of
Service)
|
Located in non-taxable territory
|
Located in taxable territory
|
Entire tax payable by service receiver.
|
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