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Created by : Deepa Gawade, Analyst, ANZ Banking  | 04 06 2010 07:01:24 +0000
Industry : Equity Research/AnalyticsFunctional Area : India(Markets)
Activity:  388 views;  last activity : 07 06 2010 20:18:09 +0000

India has proposed a small but significant change in its service tax law in the budget for 2010-11. The change indicates the direction of the service tax regime as the country pursues a unified goods and service tax regime. The budget proposes to tax all services provided at port and airports. Any service provided at an airport or port will be levied service tax even if that service in itself may not be taxable.

In other words, an otherwise exempt service becomes taxable if the same is provided at a port or an airport. Only those services that are to be taxed are mentioned in the tax laws. By taxing all services at ports and airports, the finance ministry effectively wants to experiment with the ‘negative list’ approach for service tax as is the global practice. In a negative list approach only the services exempt from tax are mentioned explicitly and the rest face tax.

In this condition, do you think India is ready for negative list to tax services?

 
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Deepa

I agree with your view that once the unified GST is implemented,we can think of negative list to tax services.I know people will oppose this as the cost will increase but the logic is reverse of what happens in tax benefits. A firm operating in a SEZ has the benefit of not paying tax for a particular period of time-this form of non taxation is based on location hence taxing something on airport is quite feasible..


By Vikas Bhatnagar, Manager Finance, Tata Motors Ltd  | 04 06 2010 11:46:44 +0000
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The definition of airport and port services includes all services provided within the physical jurisdiction of the airport and port, respectively, irrespective of whether or not they are defined as a ‘taxable service’ under any other sub heading in the service tax legislation. The definition becomes ambiguous and all-encompassing as the word 'service' alone has not been defined in the service tax law. The process has been marred by litigation with stakeholders challenging the very logic behind imposition of tax on a number of services. For Indians to embrace a tax on a service that they have availed of so far without paying one is not easy. The negative list approach may thus lead to further increase in litigation. Therefore, to make more acceptable, the government should continue with the positive list approach of taxing services. A switchover over to negative list can happen at a later date in the second phase of GST.


By Deepa Gawade, Analyst, ANZ Banking  | 04 06 2010 07:01:24 +0000
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