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4 Valuatio n of Taxable Service Question 1  ABC Architec ts ente red into a c ontr act with BTC Group of Hotels to desi gn the arch itec ture of one of its hotels at an agreed consideration of `  20 lakh. Out of the total consideration, it asked BTC Group of Hotels to pay `  12,50,000 to its material supplier-Khanna Manufactur ers. Will the payment of part of consideration by the service receiver to a third party on behalf of the service provider be included in the value of taxable services?  An sw er Service tax chargeable on any taxable service is on the basis of gross amount charged by service prov ider for such service prov ided or to be provided by him . It is not necessary that the service receiver should pay the consideration only to the service provider; any money paid to the third party is also includible. Hence, paym ent m ade to K hanna M anufacturers would be includible in the value of taxable services. Question 2 Rohit, an advocate, rendered professional advice to its client XY Ltd. on the matters relating to tax optimization. As a consideration for th e said services, XY Ltd. gave a souvenie r to Rohit. The said souvenier was an artifact especially designed and made by the craftsmen as per the specifications suggested by XY Ltd. Rohit contends that he need not pay service tax on the services provided by him as value of thereof could not be asce rtained. Is Rohit’s contention correct? Critically examine the case.  Assu me th at R ohit is not enti tled to t he e xemp tion avai labl e to small se rvic e pr ovid ers.  An sw er No, R ohit’s contenti on is n ot correct. He should value the se rvice in the m anner provided by rule 3 of the Service Tax (Determination of Value) Rules, 2006 and pay service tax.  A c c ordin g ly , he sh o uld v alu e th e s e rv ic e p ro v ided b y h im on the basis of similar serv ic es and if that is not possible, he should value the service on the basis of equivalent money value of consideration and pay service tax on the same.  However, such value should, in no case, be less than the cost of provision of such taxable service. © The Institute of Chartered Accountants of India

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4 Valuation of Taxable Service

Question 1

 ABC Architects entered into a contract with BTC Group of Hotels to design the architecture of

one of its hotels at an agreed consideration of `   20 lakh. Out of the total consideration, itasked BTC Group of Hotels to pay `  12,50,000 to its material supplier-Khanna Manufacturers.Will the payment of part of consideration by the service receiver to a third party on behalf ofthe service provider be included in the value of taxable services?

 An sw er

Service tax chargeable on any taxable service is on the basis of gross amount charged byservice provider for such service provided or to be provided by him. It is not necessary thatthe service receiver should pay the consideration only to the service provider; any money paidto the third party is also includible. Hence, payment made to Khanna Manufacturers would beincludible in the value of taxable services.

Question 2Rohit, an advocate, rendered professional advice to its client XY Ltd. on the matters relating totax optimization. As a consideration for the said services, XY Ltd. gave a souvenier to Rohit.The said souvenier was an artifact especially designed and made by the craftsmen as per thespecifications suggested by XY Ltd.

Rohit contends that he need not pay service tax on the services provided by him as value ofthereof could not be ascertained. Is Rohit’s contention correct? Critically examine the case.

 Assume that Rohit is not entitled to the exemption available to small service providers.

 An sw er

No, Rohit’s contention is not correct. He should value the service in the manner provided byrule 3 of the Service Tax (Determination of Value) Rules, 2006 and pay service tax. Accordingly, he should value the service provided by him on the basis of similar services andif that is not possible, he should value the service on the basis of equivalent money value ofconsideration and pay service tax on the same. 

However, such value should, in no case, be less than the cost of provision of such taxableservice.

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  Valuatio n of Taxable Service 4.2

Question 3

The value of taxable services determined by the person responsible to pay service tax cannotbe rejected by the Department. Examine the validity of the statement.

 An sw er

No, the statement is not valid. As per rule 4 of the Service Tax (Determination of Value) Rules,2006, the value determined by the person responsible to pay service tax can be rejected bythe Central Excise Officer if he is of the opinion that the value determined by such serviceprovider is not in accordance with the provisions of the Finance Act, 1994 or these rules.

In such a situation, the Central Excise Officer shall issue a show cause notice and the serviceprovider would then be required to show cause why the value of taxable service should not be

fixed at the amount specified in such notice.

The Central Excise Officer, after giving such service provider an opportunity of being heard,will determine the value of such taxable service in accordance with the provisions of theFinance Act, 1994 and these rules.

Question 4

Mugdha Private Limited is engaged in providing taxable services. It received followingamounts in the month of March, 2014. Compute the value of taxable service and the servicetax payable by it:-

Receipts Amount (  

 )

 Advances received from clients for which no service has been rendered sofar 8,00,000

Demurrage charges recovered for use of the services beyond the agreedperiod

50,000

Security deposits forfeited for damages done by service receiver owing tohis negligence in the course of receiving a service

5,00,000

Besides the above receipts, one of the clients-ABC Ltd. made a payment of `  1,50,000 (out of

which `   25,000 were paid extra by mistake). However, Mugdha Private Limited refused to

return the excess payment received.

Note: Mugdha Private Limited is not eligible for small service providers’ exemption under

Notification No. 33/2012 – ST dated 20.06.2012.

 An sw er

Computation o f the value of taxable service and the service tax payable

Particulars  Amoun t ( 

)

 Advances received from clients for which no service has been renderedso far (Note-1)

8,00,000

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4.3 Indirect Taxes

Demurrage charges recovered for use of the services beyond the agreedperiod (Note-2)

50,000

Security deposits forfeited for damages done by service receiver owing tohis negligence in the course of receiving a service (Note-2)

5,00,000

Payment received from ABC Ltd. (Note-3) 1,50,000

Total 15,00,000

Value of taxable service=` 15,00,000×100

112.36 

13,34,995

Service tax liability =` 15,00,000×12.36

112.36 

1,65,005

Notes:

1. Advances received in March, 2014 shall be taxable in the month of receipt of advanceonly [Rule 3 of the Point of Taxation Rules, 2011] (hereinafter referred to as POTR).

2. As per rule 6 of the Service Tax Valuation (Determination of Value) Rules, 2006,

(a) Demurrage charges recovered for use of the services beyond the period agreedupon are includible in the value of taxable service.

(b) Accidental damages are excluded from the value of taxable services provided suchdamages are due to unforeseen actions and are not related to provision of services.

However since in the given case, damages are due to negligence of the servicereceiver in the course of receiving the service, forfeited security deposits relating tosuch damages shall be includible in the value of taxable service.

3. Excess payment made as a result of a mistake, if not returned, but retained by theservice provider, becomes a part of the taxable value of services. Hence, entire` 1,50,000 would form part of value of taxable services.

Question 5

Compute the service tax liability of Mr. A, an air travel agent, for the quarter endedMarch 31, 2014 using the following details:-

Particulars Amount (  

 )

Basic air fare collected for domestic booking of tickets 50,00,000

Basic air fare collected for international booking of tickets 80,00,000

Commission received from the airlines on the sale of domestic andinternational tickets

5,00,000

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  Valuatio n of Taxable Service 4.4

In the above case, would the service tax liability of Mr. A be reduced if he opts for the specialprovision for payment of service tax as provided under rule 6 of the Service Tax Rules, 1994instead of paying service tax @12%.

Note: Mr. A is not eligible for the small service provider’s exemption under Notification No.33/2012-ST dated 20.06.2012 and service tax has been charged separately.

 An sw er

 As per rule 6 of the Service Tax (Determination of Value) Rules, 2006, only the commissionreceived by the air travel agent from the airline is included in the value of taxable service. Theair fare collected by the air travel agent in respect of the service provided by him does not

from part of the value of taxable service. Accordingly, the service tax liability of Mr. A wouldbe computed as under:

Particulars

Basic air fare collected for domestic booking of tickets Nil

Basic air fare collected for international booking of tickets Nil

Commission received from the airlines on the sale of domestic andinternational tickets

5,00,000

Value of taxable service 5,00,000

Service tax @ 12% [`5,00,000×12%] 60,000

Education cess @ 2% [`60,000×2%] 1,200Secondary and higher education cess @ 1% [`60,000×1%] 600

Service tax payable 61,800

However, if Mr. A opts for the special provision for payment of service tax as provided underrule 6 of the Service Tax Rules, 1994, service tax liability would be computed as under:

Particulars

0.6% of the basic air fare collected for domestic booking of tickets

[`50,00,000 × 0.6%]

30,000

1.2% of the basic air fare collected for international booking of tickets

[`80,00,000× 1.2%] 96,000

Service tax 1,26,000

 Add: Education cess @ 2% 2,520

 Add: Secondary and Higher Education cess @ 1% 1,260

Service tax payable 1,29,780

No, the service tax liability of Mr. A would not be reduced in the aforesaid option.

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4.5 Indirect Taxes

Question 6

Royal Security Agency Ltd. entered into a contract on January 1, 2014 for providing securityservices to BB Jewellers for a jewellery exhibition held between January 15, 2014 and January26, 2014.

 At the time of signing the contract for providing the said service, it received `  2,00,000 by anaccount payee cheque. It received `  5,00,000 by credit card and `  4,00,000 by a pay order inthe same month.

Determine the value of taxable service and the service tax payable by Royal Security AgencyLtd. for the month of January, 2014.

Note: Royal Security Agency Ltd. is not eligible for small service provider’s exemption under

Notification No. 33/2012-ST dated 20.06.2012 and service tax has been charged separately.

 An sw er

Computation of taxable service of Royal Security Agency

Particulars

 Advance received by an account payee cheque (Note 1) 2,00,000

 Amount received through credit card (Note 1) 5,00,000

 Amount received by a pay order (Note 2) 4,00,000

Value of taxable service 11,00,000

Calculation of service tax liability of Royal Security Agency

Particulars

Service tax @ 12% on ` 11,00,000 1,32,000

 Add: Education cess @ 2% on service tax 2,640

 Add: Secondary and higher education cess @ 1% on service tax 1,320

Total service tax payable 1,35,960

Notes:

1. Gross amount charged, inter-alia, includes payment by cheque and through credit card.

2. Money, inter alia, means pay order.Question 7

Guru Coaching Classes Ltd. is a coaching centre. During the year ended 31.3.2014, it hascollected a sum of `  10.2 lakh as service tax, out of which `  70,000 was paid by utilizing theCENVAT credit and balance was paid by cheque on the respective due dates. The detailspertaining to the month of April, 2014 are as under:

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  Valuatio n of Taxable Service 4.6

Particulars Amount

(  

 )

Free coaching rendered to a batch of 100 students

(Value of similar services is `  20,000)

Coaching fees collected from students for the classes to be held in May,2014

14,50,000

 Advance received from a college for teaching their students, on 30.04.2014.However, due to some unavoidable reasons, no coaching was conductedand the advance money (including service tax) was returned on 12.05.2014

3,37,080

Determine the service tax liability for the month of April, 2014 and indicate the date by whichservice tax has to be deposited by the assessee.

 An sw er

Computation of service tax liability of Guru Coaching Classes Ltd. for the month of

 Ap ri l , 2014

Particulars Amount ofservice tax (

 

)

Free coaching rendered (Note-1) Nil

Coaching fees collected from students (Note 2)

12.3614,50,000112.36

×  

1,59,505

 Advance received from a college (Note 2 & 3)

12.363,37,080

112.36×  

37,080

Total service tax liability for the month of April, 2014 1,96,585

Notes:

1. Service is an activity carried out inter alia for a consideration. Therefore, since noconsideration is involved in case of free services, service tax is not payable thereon.

2. Since, services agreed to be provided are also chargeable to service tax, advancereceived will also be liable to service tax.

 Advanced received is taxable at the time when such advance is received [Rule 3 of thePOTR].

3. Advance received from a college for teaching their students will also be chargeable toservice tax. It is immaterial that no coaching was conducted and the money wasreturned on 12.05.2014.

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4.7 Indirect Taxes

The amount of service tax included in the amount refunded (`37,080) in the next monthi.e. May, 2014 would be adjusted against service tax liability of subsequent periods.

4. Sine the service tax collected in preceding finanacial year is ` 10.2 lakh, the aggregatevalue of taxable services must have exceeded ` 10 lakh. Thus, Guru Coaching ClassesLtd. is not eligible for SSP exemption.

Further, during the preceding financial year, the service tax liability met by the assessee,inclusive of CENVAT credit availed was more than `  10 lakh. Hence, during the currentfinancial year, payment of service tax will have to be made electronically for all months.Therefore, the last date for making the payment of service tax by Guru Coaching Classes Ltd.(corporate assessee) for the month of April, 2014 is 6th May, 2014.

Question 9Mr. Ram who has entered into a roll over contract approached NDBC Bank for sellingUS $ 35,000 at the rate of `  60 per US $. RBI reference rate for US $ is `  60.50 per US $ atthat time. However, rate of exchange declared by CBEC for the day is `   61.50 per US$.Calculate the value of taxable service.

 An sw er

Rule 2B  of the Service Tax (Determination of Value) Rules, 2006 provides the manner ofdetermination of the value of taxable service so far as it pertains to purchase or sale of foreigncurrency, including money changing. The value of service for a currency, when exchangedfrom, or to, Indian Rupees (INR), shall be equal to the difference in the buying rate or the

selling rate, as the case may be, and the Reserve Bank of India (RBI) reference rate for thatcurrency at that time, multiplied by the total units of currency.

Hence, the value of taxable service= (RBI reference rate for $ – Selling rate for $) × Total units

= ` (60.50 - 60) × 35,000

= ` 0.50 × 35,000

The taxable value shall be ` 17,500.

Question 10

Siddhi Ltd. exported some goods to Samson Inc. of USA. It received US $ 9,000 asconsideration for the same and sold the foreign currency @ `   61 per US dollar. Compute thevalue of taxable service under rule 2B of the Service Tax (Determination of Value) Rules, 2006in the following cases:-

(a)  RBI reference rate for US dollar at that time is `  62 per US dollar.

(b)  RBI reference rate for US dollars is not available.

What would be the value of taxable service if US $ 9,000 are converted into UK £ 4,500. RBIreference rate at that time for US $ is `  63 per US dollar and for UK £ is `  101 per UK Pound.

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  Valuatio n of Taxable Service 4.8

 An sw er

(a) For a currency, when exchanged from, or to, Indian Rupees (INR), the value shall beequal to the difference in the buying rate or the selling rate, as the case may be, and theReserve Bank of India (RBI) reference rate for that currency at that time, multiplied by thetotal units of currency.

Hence, in the given case, value of taxable service would be as follows:-

(RBI reference rate for $ – Selling rate for $) × Total units of US $

=̀  (62-61) × 9,000

=̀  9,000

(b)  If the RBI reference rate for a currency is not available, the value shall be 1% of thegross amount of Indian Rupees provided or received, by the person changing the money.

Hence, in the given case, value of taxable service would be as follows:-

1% of ` (61 × 9,000)

=̀  5,490

In case neither of the currencies exchang ed is Indian Rupee:

The value shall be equal to 1% of the lesser of the two amounts the person changing themoney would have received by converting any of the two currencies into Indian Rupee onthat day at the reference rate provided by RBI.

Hence, in the given case, value of taxable service would be 1% of the lower of thefollowing:-

(a) US dollar converted into Indian rupees = $ 9,000 × ` 63 = ` 5,67,000

(b) UK pound converted into Indian rupees = £ 4,500× ` 101 = ` 4,54,500

Value of taxable service = 1% of ` 4,54,500 = ` 4,545

Question 11

Department of Posts provided following services to persons other than Government during thequarter ended 31.03.2014:-

Services rendered  Amount charged for

such services(` in lakh)

Basic mail services 100

Transfer of money through money orders 500

Operation of saving accounts 150

Rural postal life insurance services 200

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4.9 Indirect Taxes

Distribution of mutual funds, bonds and passport applications 500

Issuance of postal orders 300

Collection of telephone and electricity bills 100

Pension payment services 50

Speed post services 500

Express parcel post services 200

Compute the service tax liability of Department of Posts for the quarter ended 31.03.2014.

Notes:

1. Point of taxation for all the aforesaid cases fall during the quarter ended 31.03.2014.2. All the service charges stated above are exclusive of service tax, wherever applicable.

3. Small Service Providers’ exemption need not be taken into account while solving theaforesaid question.

 An sw er

Services provided by the Government or a local authority are not chargeable to service tax asthey are included in the negative list. However, following services provided to a person otherthan Government, by the Department of Posts are excluded from the negative list:-

(i) Speed post

(ii) Express parcel post(iii) Rural postal Life Insurance

(iii) Agency services which include distribution of mutual funds, bonds, passport applications,collection of telephone and electricity bills, etc.

Hence, the aforesaid services are taxable.

Thus, the amount of service tax payable by the Department of Posts for the quarter ended31.03.2014 would be as follows:-

Particulars Amount

(  in lakh)

Basic mail services NilTransfer of money through money orders Nil

Operation of saving accounts Nil

Rural postal life insurance services 200

Distribution of mutual funds, bonds and passport applications 500

Issuance of postal orders Nil

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  Valuatio n of Taxable Service 4.10

Collection of telephone and electricity bills 100

Pension payments Nil

Speed post services 500

Express parcel post 200

Value of taxable service 1,500

Service tax @ 12% [15,00,00,000×12%] 180

Education cess @ 2% [1,80,00,000×2%] 3.6

Secondary and higher education cess @ 1% [1,80,00,000×1%] 1.8

Service tax liability 185.40

Question 12

Euro Bank Ltd. furnishes the following information relating to services provided and the grossamount received (excluding service tax):

Particulars Amount (` )

Interest on overdraft 5,00,000

Interest on loans with a collateral security 6,00,000

Interest on corporate deposits 10,00,000

 Administrative charges (over and above interest) on loans, advances anddeposits 6,00,000

Sale of foreign exchange to general public 15,00,000*

Service charges relating to issuance of Certificates of Deposit (CDs) 20,00,000

Compute the value of taxable service and the service tax liability of Euro Bank Ltd.considering the rate of service tax at 12% assuming that it is not eligible for small serviceproviders’ exemption under Notification No. 33/2012 – ST dated 20.06.2012. Service tax hasbeen charged separately, wherever applicable.

*It represents the value of taxable service computed as per rule 2B of the Service TaxValuation Rules.

 An sw er

Computation of value of taxable service and service tax liability of Euro Bank Ltd .

Particulars  Amoun t ( 

)

Interest on overdraft (Note-1) Nil

Interest on loans with a collateral security (Note-1) Nil

Interest on corporate deposits (Note-1) Nil

 Administrative charges (over and above interest) on loans, advances and 6,00,000

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4.11 Indirect Taxes

deposits (Note-2)

Sale of foreign exchange to general public (Note-3) 15,00,000

Service charges relating to issuance of CD (Note-4) 20,00,000

Value of taxable service 41,00,000

Service tax @ 12% [` 41,00,000×12%] 4,92,000

Education cess @ 2% [` 4,92,000×2%] 9,840

Secondary and higher education cess @ 1% [` 4,92,000×1%] 4,920

Service tax liability 5,06,760

Notes:

1. Following services provided are included in the negative list so far as the consideration isrepresented by way of interest and hence are not taxable:-

• 

Overdraft facility.

• 

Loans with a collateral security.

• 

Corporate deposits.

2. Administrative charges or amounts collected over and above the interest or discountamounts would not be part of the negative list and thus would represent taxableconsideration.

3. Services by way of sale of foreign exchange between banks or by banks to authorized dealers

of foreign exchange is included in the negative list. However, services provided by banks byway of sale of foreign exchange to general public is not so covered and hence taxable.

4. Since CDs are in the nature of promissory notes, transactions in CDs shall be consideredas transaction in money. However, a related activity, for which a separate considerationis charged would not be treated as a transaction of money and would be taxable. Hence,service charges relating to issuance of CDs shall be chargeable to service tax.

Question 13

 ABC & Co., a partnership firm, is engaged in providing a taxable service. For the quarterended June 30, 2013, its gross receipts were `   18,00,000. The break-up of these receipts isas follows:

Month in which services are performed Amount

received

(  

 )

 April, 2013 (includes `  1,00,000 for the betting services) 4,00,000

May, 2013 (includes `  1,25,000 for services rendered in Indian territorial waters) 3,00,000

July, 2013 (includes `   1,50,000 for services rendered in State of Jammu &Kashmir)

11,00,000

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  Valuatio n of Taxable Service 4.12

State the amount of service tax payable for the quarter ended June 30, 2013.

Note: The turnover of ABC & Co. in the financial year 2012-13 was `   12 lakh. Since itsturnover was less than `  50 lakh in the preceding financial year, ABC & Co. has exercised theoption provided under rule 6 of the Service Tax Rules, 1994, to pay service tax on receiptbasis in the financial year 2013-14.

 An sw er

Rule 6 of the Service Tax Rules, 1994 provides an option to service providers which areindividuals and partnership firms whose aggregate value of taxable services provided fromone or more premises is fifty lakh rupees or less in the previous financial year, to pay tax ontaxable services provided or agreed to be provided by him up to a total of rupees fifty lakhs in

the current financial year on receipt basis. Thus, the amount of service tax payable would becomputed as follows:-

Particulars

Services performed in April, 2013 [Refer Note 1] 3,00,000

Services performed in May, 2013 [Refer Note 2] 3,00,000

Services performed in July, 2013 [Refer Note 2] 9,50,000

Total taxable services including service tax 15,50,000

Service tax (including 3% education cesses) payable on above(rounded off) [Refer Note 4]

1,70,506

Notes:

1. Betting services are included in the negative list of services. Hence, these are nottaxable.

2. Levy of service tax extends to whole of India excluding Jammu and Kashmir. Indiaincludes Indian territorial waters. Hence, services rendered within Indian territorialwaters are liable to service tax and services rendered in Jammu and Kashmir would notbe liable to service tax.

3. As the particulars relate to gross receipts, the same are taken to be inclusive of servicetax and hence service tax has been computed by making back calculations

=

15,50,000 12.36

112.36

×

 

4. Since the aggregate value of taxable services of ABC & Co. in the preceding financialyear i.e., F.Y. 2012-13 is more than `10,00,000, it will not be entitled to exemption forsmall service providers in F.Y. 2013-14.

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4.13 Indirect Taxes

Question 14

Rishabh Professionals Ltd. is engaged in providing services which became taxable with effectfrom July 01, 2013. Compute the service tax payable by Rishabh Professionals Ltd. on thefollowing amounts (inclusive of service tax wherever applicable) received in the month ofMarch, 2014:-

Particulars Amount (  

 )

Services performed in June, 2013 (Amount received from the client is fulland final)

5,00,000

Services by way of renting of residential dwelling for use as residence 1,50,000

Free services rendered to the friends (Value of similar services is`  20,000)

Services rendered to its associated enterprise in UK for which no invoicehas been issued

5,00,000

Other receipts 7,00,000

 An sw er

Computation of service tax payable by Rishabh Professionals Ltd.:-

Particulars Amount ( 

)

Services performed in June, 2013 i.e., before such service becametaxable (Note-1)

5,00,000

Services by way of renting of residential dwelling for use as residence(Note-2)

Nil

Value of free services rendered to the friends (Note-3) Nil

Services rendered to its associated enterprise in UK (Note-4) 5,00,000

Other receipts 7,00,000

Total 17,00,000

Less: Exemption available to small service providers (Note-5) 10,00,000

Value of taxable services 7,00,000

Service tax payable =

12.36

7,00,000 112.36×   77,002

Notes:-

1. As per rule 5 of the Point of Taxation Rules, 2011, where a service is taxed for the firsttime, no tax is payable if the invoice has been issued and the payment also has beenreceived against such invoice before such service became taxable. Therefore, in this

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  Valuatio n of Taxable Service 4.14

case since the payment has been received after the service became taxable; the samewill be leviable to service tax.

2. Services by way of renting of residential dwelling for use as residence are included in thenegative list of services. Hence, they are not subject to service tax.

3. Service is an activity carried out inter alia for a consideration. Therefore, since noconsideration is involved in case of free services, service tax is not payable thereon.

4. Services rendered to associated enterprises are taxable even if an invoice has not beenissued. Point of taxation is the date of making the payment [Rule 7 of the POTR].

5. Since, services provided by Rishabh Professional Ltd. became taxable on July 01, 2013,aggregate value of taxable services rendered in preceding financial year 2012-13 is Nil.

Hence, Rishabh Professional Ltd. is eligible for small service provider’s exemption. 

Question 15

 ABC Ltd., rendering a taxable service, furnishes you the following information for the month ofJanuary, 2014:

Particulars Amount (  

 )

Total bills raised for which payment was received (including ` 1,80,000 forthe services rendered in Jammu & Kashmir)

15,00,000

 Advance received for services to be rendered for which bills were not raised

(services were actually rendered in the month of March, 2014)

18,00,000

Services rendered to associated enterprise in January 2014(No bill was raised, but accounting entries were made in the books ofaccount)

4,50,000

Note:  The amounts given above are inclusive of service tax wherever applicable.

Compute the value of taxable service and service tax liability of ABC Ltd. for the month ofJanuary, 2014. 

 An sw er

Computation of value of taxable service and service tax payable by ABC Ltd. for the

month of January, 2014:

S. No. Particu lars  Am ou nt ( 

)(i) Total bills raised [Note 1]

(`15,00,000-`1,80,000) 

13,20,000.00

(ii) Advance received [Note 2] 18,00,000.00

(iii) Services rendered to associated enterprise [Note 3] 4,50,000.00

Total amount (inclusive of service tax and education cessses) 35,70,000.00

Value of taxable servi ce [35,70,000 × (100/112.36)] 31,77,287.29

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4.15 Indirect Taxes

Service tax [35,70,000 × (12/112.36)] 3,81,274.47Education cess @ 2% [3,81,274.47 × 2%] 7,625.49

Secondary and Higher Education Cess

[3,81,274.47 × 1%]

3,812.74

Total service tax liability 3,92,712.70

Total service tax liability (rounded off) 3,92,713

Notes:

1. Services rendered in Jammu and Kashmir are not liable to service tax. Further, as perrule 3 of the POTR, point of taxation is the date of invoice or date of receipt of payment,whichever is earlier.

2. Since, services agreed to be provided are also chargeable to service tax, advancereceived will also be liable to service tax.

 Advanced received is taxable at the time when such advance is received [Rule 3 of thePOTR].

3. In case of associated enterprise, gross amount charged for the services renderedincludes the amount of debit or credit in the books of account of the person liable to payservice tax.

Further, since no bill has been raised, the date of accounting entries will be the point oftaxation [Rule 7 of the POTR].

Exercise

1. Answer the following questions:

(a) Can it be said that if the taxable service is not capable of ascertainment, the same cannot

form part of value of taxable services?

(b) How is the value of taxable services determined when the consideration against taxable

services is received in other than monetary terms?

2. How will a taxable service be valued when the consideration thereof is not wholly or partly in

terms of money?

3.  Briefly provide the manner of determination of the value of taxable service relating to purchase or

sale of foreign currency, including money changing.

4. Explain the meaning of the expression 'pure agent' in the context of service tax.

5.  Pareesh & Co., is a partnership firm engaged in the business of recruitment and supply of

labourers. It furnishes the following details pertaining to the quarter ended 30.09.2013:

(`  )

(i) Amounts collected from companies for pre-recruitment screening 2,50,000

(ii) Amounts collected from companies for recruitment of

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  Valuatio n of Taxable Service 4.16

Permanent staff 3,00,000Temporary staff 4,00,000

(iii) Advances received from prospective employers for conducting campusinterviews in colleges in December, 2013

(Such campus interviews could not be conducted due to shortage ofstaff. Hence, the advance received was returned to the employers)

1,00,000

Compute the value of taxable services rendered and the service tax payable by the assessee for

the relevant quarter assuming that Pareesh & Co. is not eligible for small service providers’

exemption in the financial year 2013-14.

6. Sambhav Private Limited is engaged in providing the services liable to service tax. Compute the

service tax payable by it for the month of October, 2013 from the information furnished below:-Particulars  Amount(   )  

Services rendered to poor people free of cost (Value of the services computedon comparative basis is ` 40,000)

 Advances received in October, 2013 from clients for which no service has beenrendered so far

50,000

Renting of agro machinery for agricultural purpose 5,00,000

 Amount received for the services rendered in July, 2013 (Bills for the samewere issued on July 29, 2013)

60,000

Note:   Sambhav Private Limited is not eligible for small service providers’ exemption in the

financial year 2013-14.

7. XYZ Ltd. started providing services in April, 2013. The services became taxable from 01.10.2013.

However, due to some unforeseen circumstances, it could not provide any service between

October, 2013 and February, 2014 and shut down its business. It resumed the provision of

service in the month of March, 2014 for which it received following receipts:-

S. No. Particulars  Amount (` )

1. Amount received in respect of services rendered and invoiced inJuly and August, 2013.

10,30,000

2. Services rendered to its auditors against audit fee payable. 5,15,000

3. Advance received for services to be rendered in May, 2014. 6,18,000

4. Value of Services provided to office staff and their relatives free ofcost (20,000)

Compute the taxable services and service tax payable for March, 2014 by XYZ Ltd.

8. How will a taxable service be valued when the gross amount charged for it includes service tax

payable?