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Centre set to widen service tax net; 22 services likely in negative list

06 Feb 2012 Evaluate

In an attempt to increase revenues, the central government has decided to increase the number of services that fall under the gamut of service tax in the upcoming union budget. It is expected that the government will keep 22 services untaxed, technically called the negative list of service tax, and impose uniform 10% tax on all the other services. Services for the purpose will be defined as all kinds of economic activities, barring goods, money and immovable property.

This move has been motivated by the fact that though services sector contribute more than 60% of GDP, their contribution to the Central governments revenue is just 8.7%, as per the budget estimates for 2011-12. This is because service tax is a relatively new area in India and was imposed for the first time in 1994, when only 3 services were taxed. Then it contributed Rs 410 crore to the Centre’s tax revenue. Since then the net has widened to include over 125 services, but it is still felt that this is too minuscule relative to the size of the service sector in the economy.

Hence, it is believed that a larger number of services now need to be taxed. Analysts believe that increasing the net of service tax for the next financial year will alone increase service tax collections by 20-25%, and lead to a contribution Rs 82,000 crore to the Centre’s revenue.

A negative list based on service tax represents a change in the government's approach as so far it has taxed on the principle of the positive list. The negative list concept is practiced globally and is proposed to be introduced in India as part of the Goods and Services Tax (GST). The government is trying to introduce the new GST regime, which will subsume various levies like excise, service tax and states tax, like value-added tax, entry tax and purchase tax.

In its pre-Budget consultative meeting with the finance minister, industry too demanded that government should come out with negative list, while expanding the service tax base. However, the States are of the opinion that the Centre should prepare the list in such a way that areas under their domain were not taxed by the Centre. States do not impose services tax, but certain categories that qualify as services are taxed by them under different heads.

As such, businesses paying tax to states may not be subjected to service tax by the Centre. Areas that could fall under this category are construction, entertainment, restaurants, transport, toll, betting and gambling. States also proposed some services within the ambit of the Centre’s residuary powers but critical for socio-economic reasons, such as social welfare and public utilities, agriculture, education and health, be kept in the negative list. The Centre may not be able to keep them in the negative list, but may decide to impose zero tax on them.

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Centre set to widen service tax net; 22 services likely in negative list

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