Sr.No. | Period | Rate of Service Tax | Rate of Education Cess | Rate of Secondary & Higher Education Cess |
1. | Till 13.05.2003 | 5% | Nil | Nil |
2. | 14.05.2003 to 09.09.2004 | 8% | Nil | Nil |
3. | 10.09.2004 to 17.04.2006 | 10% | 2% of the S.T. | Nil |
4. | 18.04.2006 to 31.05.2007 | 12% | 2% of the S.T. | Nil |
5. | 01.06.2007 to 23.02.2009 | 12% | 2% of S.T. | 1% of S.T. |
6. | From 24.02.2009 | 10% | 2% of S.T. | 1% of S.T. |
7 | From 01.04.2012 | 12% | 2% of S.T. | 1% of S.T. |
8 | 01.06.2015 to 14.11.2015 | 14% | Nil | Nil |
9 | 15.11.2015 onwards | 14.50% ** | Nil | Nil |
10 | 01.06.2016 onwards | 15%*** | Nil | Nil |
**0.5% Swachh Bharat Cess on the value of “taxable services”. Thus, effective rate is 14.50%
***0.5% Swachh Bharat Cess & 0.5% Krishi Kalyan Cess on the value of “taxable services”.
Thus, effective rate is 15%.
Period | Rate of Interest | |
01-07-1994 to 14-07-2001 | 1.50% p.m. and part thereof | |
15-07-2001 to 15-08-2002 | 24% p.a. | |
16-08-2002 to 09-09-2004 | 15% p.a. | |
10-09-2004 to 31-03-2011 | 13% p.a. | |
01-04-2011 onwards | 18% p.a. | |
15% p.a. for assessees having turnover upto Rs. 60 lacs | ||
01-10-20114 onwards | Extent of Delay | Simple Interest p.a. |
Upto 6 months | 18% | |
6-12 months | 18% upto 6 months | |
24% for remaining period | ||
More than 12 months | 18% for first 6 months | |
24% for second 6 months | ||
30% for remaining period | ||
Note: | ||
For assessees having turnover upto Rs. 60 lacs | Concession of 3% will be available, thus, making the effective rates as 15%, 21% and 27% p.a. | |
01-4-2016 onwards | Normal Rate: | |
15% p.a. | ||
Note 1: For the tax payers with value of taxable service less than 60 lakh rupees in PFY, interest rate for delayed payment will be @12% | ||
Penal Rate in case of tax collected but not deposited to exchequer: | ||
24% p.a. |
i. Payable by Individual, Proprietary Concern and Partnership firm:
Payable on amounts received during the Quarter | Payable By |
---|---|
April to June | 6th July* |
July to September | 6th October* |
October to December | 6th January* |
January to March | 31st March* |
*E-Payment of service tax is mandatory for all the assessees irrespective of Service Tax amount.
ii. Payable by persons other than Individual, Proprietary Concern, LLP and Partnership firm:
Payable on amounts received during the Month | Payable By |
---|---|
April | 6th May* |
May | 6th June* |
June | 6th July* |
July | 6th August* |
August | 6th September* |
September | 6th October* |
October | 6th November* |
November | 6th December* |
December | 6th January* |
January | 6th February* |
February | 6th March* |
March | 31st March* |
*E-Payment of service tax is mandatory for all the assessees irrespective of Service Tax amount.
For both i and ii above, payment in Challan GAR-7 in one copy at designated bank branch.
For the Half yearly | To be filed by |
---|---|
April to September | 25th October |
October to March | 25th April |
For late filing of ST-3 Return, Penalty ranging from Rs.500/- to Rs.2,000/- is leviable depending upon number of days by which the return is delayed.
w.e.f. 1st October, 2010, filing of returns by electronic means using the website www.aces.gov.in has been made mandatory.
Sr. No. | Nature of Default | Penalty | ||||||
---|---|---|---|---|---|---|---|---|
1 | Failure to pay Service Tax | Rs.100 per day or 1% of tax p.m.,whichever is higher, limited to 100% of tax | ||||||
2 | Contravention of any provision for which no penalty is provided | Not exceeding Rs.10000/- | ||||||
3 | Suppressing facts,value of taxable Service,fraud etc. | 50% to 100% of tax amount depending on certain conditions as given in Sections 73(4A) and Proviso to Section 78 | ||||||
4 | Late filing Return | Delay upto 15 days Rs.500/-Delay > 15 days & < 30 days Rs.1000/-Delay > 30 days Rs.1000/- + Rs.100/- for each day but not exceeding Rs.20000/- | ||||||
5 | Delay in obtaining Service Tax registration certificate | Upto Rs. 10000/- | ||||||
6 | Fails to keep, maintain or retain books of account and other documents as required | Upto Rs.10000/- | ||||||
7 | Fails to pay Service Tax electronically | Upto Rs.10000/- | ||||||
8 |
|
Upto Rs.10000/- or Rs.200/- per day tillfailure, whichever is higher | ||||||
9 | Issue invoice in accordance with the provision of the Act or rules made there under, with incorrect or incomplete details or fails to account for an invoice in his books of account | Upto Rs.10000/- | ||||||
10 | Penalty on director, manager, secretary or any other officer of a company for specified contraventions | Upto Rs.10000/- |
Sr. No. | Description of Service | Service Tax Payable by Service Provider | Service Tax Payable by Service Receiver |
---|---|---|---|
1 | Insurance Agent Service to any person carrying on Insurance business | NIL | 100% |
2 | Goods Transport Agency Service | NIL | 100% |
3 | Sponsorship Service to any body corporate or partnership firm located in taxable territory | NIL | 100% |
4 | Arbitral Tribunal Service to any business entity | NIL | 100% |
5 | Services of Individual Advocate or a Firm of Advocates to any business entity. | NIL | 100% |
6 | Services by Government or local authority by way of support services to any business entity. | NIL | 100% |
7 | Services by any person who is located in a non-taxable territory and received by any person located in the taxable territory. | NIL | 100% |
8 | Services by Director to a Company [w.e.f.07-08-2012] (other than employee – employer relationship) | NIL | 100% |
9 | Supply of Manpower Service (see Note 1) | NIL | 100% |
10 | Security Services (see Note 1) | NIL | 100% |
(G) Partial Reverse Charge Mechanism (w.e.f. 01-04-2016)
Sr.
No. |
Description of a Service |
Notes | Service Tax Payable by Service Provider |
Service Tax Payable by Service Receiver |
1 | (a) Renting of a Motor Vehicle designed to carry passengers (where abatement is availed) |
1 & 2 | NIL | 100% |
(b) Renting of a Motor Vehicle designed to carry passengers (where abatement is not availed) |
50% | 50% | ||
3 | Works Contract service | 1 | 50% | 50% |
NOTES :
1. (a) The service provider should be an individual or HUF or partnership firm (whether registered or not) including AOP; and
(b) The service recipient should be a body corporate
2. In case of services of renting of a motor vehicle, the service recipient should be any person who is not engaged in similar line of business.