Notification No. 1/2006-ST Dated 01-03-2006
Description of taxable service with condition & percentage.- G.S.R. (E). In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service of the description specified in column (3) of the Table below and specified in the relevant sub-clauses of clause (105) of section 65 of the Finance Act, specified in the corresponding entry in column (2) of the said Table, from so much of the service tax leviable thereon under section 66 of the said Finance Act, as is in excess of the service tax calculated on a value which is equivalent to a percentage specified in the corresponding entry in column (5) of the said Table, of the gross amount charged by such service provider for providing the said taxable service, subject to the relevant conditions specified in the corresponding entry in column (4) of the Table aforesaid:
Table
Sr.
No. |
Subclause
of clause (105) of Section 65 |
Description
of taxable service |
Conditions |
Percentage |
1 |
2 |
3 |
4 |
5 |
1 |
(m) |
(1)
The use of mandap, including the facilities provided to the client in
relation to such use and also for the catering charges. |
This
exemption shall apply only in such cases where the mandap keeper also
provides catering services, that is, supply of food and the invoice, bill
or challan issued indicates that it is inclusive of the charges for
catering service. |
60
|
|
|
(2) Taxable service provided by a hotel as mandap
keeper in such cases where services provided include catering services,
that is, supply of food alongwith any service in relation to use of a
mandap. |
The invoice, bill or challan issued indicates
that it is inclusive of charges for catering services. |
60 |
|
|
|
Explanation.-
The expression
"hotel" means a place that provides boarding and lodging
facilities to public on commercial basis. |
|
2 |
(n) |
(a)
Services provided in relation to a tour, by a tour operator, - (1)
where the tour operator provides a package tour; (2)
where the services provided are other than in relation to a package tour. |
The
bill issued for this purpose indicates that it is inclusive of charges for
such a tour.
The
bill issued indicates that the amount charged in the bill is the gross
amount charged for such a tour.
Explanation.-
The expression
"package tour" means a tour in which the provisions for
transportation and accommodation for stay of the person undertaking the
tour has been afforded by the tour operator. |
40 |
|
|
(b)
Services provided in relation to a tour, if the tour operator is providing
services solely of arranging or booking accommodation for any person in
relation to a tour. |
(i)
The invoice, bill or challan issued indicates that it is towards
charges for such accommodation, and
(ii)
this exemption shall not apply in such cases where the invoice, bill or
challan issued by the tour operator to the client only includes the
service charges for arranging or booking accommodation for any person in
relation to a tour and does not include the cost of such accommodation. |
10 |
3 |
(o) |
Renting
of a cab. |
- |
40 |
4 |
(zc) |
Holding of a convention, where service provided
includes catering service. |
The gross amount charged from the client is inclusive of
the charges for the catering service. |
60 |
5 |
(zzd) |
(zzd)
Erection, commissioning or installation, under a contract for supplying a
plant, machinery or equipment and erection, commissioning or installation
of such plant, machinery or equipment. |
This
exemption is optional to the commissioning and installation agency.
Explanation.-
The gross
amount charged from the customer shall include the value of the
plant, machinery, equipment, parts and any other material sold by the
commissioning and installation agency, during the course of providing
erection, commissioning or installation service. |
33 |
6 |
(zzp) |
Transport
of goods by road in a goods carriage. |
- |
25 |
7 |
(zzq) |
Commercial
or industrial construction service. |
This
exemption shall not apply in such cases where the taxable services
provided are only completion and finishing services in relation to
building or civil structure, referred to in sub-clause (c) of clause (25b)
of section 65 of the Finance Act.
Explanation.-
The gross
amount charged shall include the value of goods and materials supplied or
provided or used by the provider of 33 the construction service for
providing such service. |
33 |
8 |
(zzt) |
Catering. |
This
exemption shall apply in cases where,-
(i)
the outdoor caterer also provides food; and
(ii)
the invoice, bill or challan issued indicates that it is inclusive of
charges for supply of food. |
50 |
9 |
(zzw) |
Services
in relation to pandal or shamiana in any manner, including services
rendered as a caterer. |
This
exemption shall apply only in cases where,-
(i)
the pandal or shamiana contractor also provides catering services, that
is, supply of food; and
(ii)
the invoice, bill or challan issued indicates that it is inclusive of
charges for catering service. |
70 |
10 |
(zzzh) |
Construction
of complex. |
This
exemption shall not apply in cases where the taxable services provided are
only completion and finishing services in relation to residential complex,
referred to in sub-clause (b) of clause (30a) of section 65 of the Finance
Act.
Explanation.-
The gross
amount charged shall include the value of goods and materials supplied or
provided or used for providing the taxable service by the service
provider. |
33 |
Provided that this notification shall not apply in cases where, -
(i) the CENVAT credit of duty on inputs or capital goods or the CENVAT credit of service tax on input services, used for providing such taxable service, has been taken under the provisions of the CENVAT Credit Rules, 2004; or
(ii) the service provide r has availed the benefit under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2003-Service Tax, dated the 20th June, 2003[G.S.R. 503 (E), dated the 20th June, 2003].
Explanation.- For the purposes of this notification, the expression "food" means a substantial and satisfying meal and the expression "catering service" shall be construed accordingly.
[F. No. 334/3/2006-TRU]
(G. G. Pai)
Under Secretary to the Government of India