GUEST COLUMN
A Note on Krishi Kalyan Cess
CA Chandra Kishore Bajpai, B.Com. FCA, LLB. DISA (ICAI)
In this write up, I have made an attempt to explain about ‘Krishi Kalyan Cess’ hoping that it will help you in your day to day compliance work.
Honourable Finance Minister in last budget (2015) had increased the service tax rate from 12.36 (including cess) to 14%. We are at the verge of GST and under GST regime it is expected that rate would be somewhere between 17%-18%, it seems that rate is slowly moving towards coming GST regime rate, further in November 2015 a new levy naming ‘Swachha bharat Cess’ also introduced and rate became 14.5% w.e.f. 15th November 2015.
Now in budget 2016, Hon’ble Finance Minister announced & proposed a new cess named “KRISHI KALYAN CESS’ It would be imposed at the rate of 0.5% on all taxable service. Thus effective rate of service would be 15% from 1st June 2016.
In this write up I am not going to discuss about GST or comparison between GST & present tax structure but just making an effort to understand implementation of Krishi Kalyan Cess (KKC) in following paragraphs.
|
Sl.No. |
Subject |
|
1. |
|
|
2. |
|
|
3. |
|
|
4. |
|
|
5. |
How shall KKC be calculated when abatement available? |
|
6. |
KKC when liability is under Reverse charge Mechanism |
|
7. |
KKC when services are exempt or falling under negative list |
|
8. |
Determination of value of service for KKC purpose |
|
9. |
How does KKC apply on ‘Works Contract Service? |
|
10 |
What is Accounting Code for payment of KKC? |
|
11. |
Whether CENVAT is available for KKC |
|
12. |
What is Point of Taxation (POT) for KKC? |
|
13. |
POT when Reverse Charge Mechanism applicable? |
|
14. |
Rebate of KKC |
|
15. |
Refund of KKC |
A Cess is a tax which is collected by the government to be used for a specific purpose. Thus collections from levy of cess can be used only for the purpose for which it has been collected and not for any other purpose, Finance Minister has mentioned in his budget speech that proceeds of KKC would be exclusively used for financing initiatives relating to improvement of agriculture and welfare of farmers.
The Finance Minister made the following announcement (vide para 152 of Budget speech) on Krishi Kalyan Cess-
"I propose to impose a Cess, called the Krishi Kalyan Cess, @ 0.5% on all taxable services, proceeds of which would be exclusively used for financing initiatives relating to improvement of agriculture and welfare of farmers. The Cess will come into force with effect from 1st June 2016. Input Tax credit of this cess will be available for payment of this cess."
Thus collection from KKC shall be exclusively used for the benefit of Agriculture & Farmers.
Clause 158 of Chapter VI of Finance Bill (now Act w.e.f. 14.05.2016) has levied KKC @0.5% on the value of Taxable service and same shall be effective from 01st June 2016.
If value of taxable service is Rs.100 then tax would be calculated as under:-
|
Particulars |
Amount in Rs. |
|
Value of taxable service |
100 |
|
Service Tax @14% |
14 |
|
Add:- Swachcha Bharat Cess @0.5% |
0.5 |
|
Add:- Krishi Kalyan Cess @ 0.5% |
0.5 |
|
Total Value including service tax & cess |
115 |
KKC shall be levied with effect from 1st June, 2016, thus KKC shall be charged on all services provided on or after 1st June, 2016
Disclosure of KKC on Invoice:-
KKC shall be chargeable on invoices separately as KKC like Swachh Bharat Cess. Charging Service Tax @ 15% (14% Service Tax, 0.50% SBC and 0.50% KKC) is not legally correct.
KKC when abatement is available on the value of service
KKC shall be calculated on the value of taxable service after availing the benefit of abatement for example in case of GTA services abatement is 70% thus service tax is leviable on 30% of the value. Say GTA bill amount is Rs.1000/-
|
Particulars |
Amount in Rs. |
|
Gross value of taxable service |
1000 |
|
Less:- Abatement@70% |
700 |
|
Taxable Value of service |
300 |
|
Service Tax @14% |
42 |
|
Add:- Swachcha Bharat Cess @0.5% |
1.5 |
|
Add:- Krishi Kalyan Cess @ 0.5% |
1.5 |
|
Total Value including service tax & cess |
45 |
KKC when liability is under Reverse charge Mechanism
The Central Government vide Notification No. 27/2016-ST dated May 26, 2016, has amended/clarified that the Reverse Charge Notification shall be applicable mutatis mutandis for the purposes of KKC also.
Thus Service recipient liable to pay under reverse charge (Full/partial) shall pay KKC along with service tax on his liability portion.
KKC when services are exempt or falling under negative list
Notification No. 28/2016-ST dated 26 may 2016 has provided that KKC shall not be leviable on services which are exempt by notification issues under section 93(1) or special order issued under section 93(2) of the Finance Act 1994 or otherwise not leviable to service tax under section 66B thereof.
Thus it is cleared that following would not be liable for KKC:-
(i)
Activity not falling within meaning of service under section 65B(44)
of the Finance Act,
(ii)
Services falling under section 66D of the Act i.e. Negative List,
(iii) Service
exempted by notification u/s 93(1) 0f the Act i.e.
(a)
Exempted services under Mega exemption notification ( 25/2012-ST
dated 20.06.2012 as amended time to time)
(b)
Abatement value of Service on which certain percentage of the value is exempt
through Abatement Notification No 26/2012-ST dated 20.06.2012
(iv)
Services exempted by
Special Order under section 93(2) of the Act
Determination of value of service for KKC purpose:-
For the purpose of KKC, Value of taxable services shall be the value as determined in accordance with the Service Tax Valuation Rules. Thus value shall be determined first as applicable rule in particular service like in case of works contract, Rule-2A shall determine the value of taxable service then tax shall be calculated thereon.
How does KKC apply on ‘Works Contract Service’?
The value of services would be calculated as per Rule 2A of Service Tax (Determination of Value) Rules, 2006. Tax needs to be applied on the value so arrived at the rate of 15%. Effective rate of tax in case of original works and other than original works would be 6% (40% of 15%) and 10.5% (70% of 15%) respectively.
Payment of KKC:-
KKC shall be paid in accounting head as given under:-
|
KKC (Minor Head) |
Tax Collection |
Other Reciepts (Interest) |
Deduct Refunds |
Penalties |
|
0044-00-507 |
00441509 |
00441510 |
00441511 |
00441512 |
CENVAT of KKC:- ( Notification No. 28/2016-CE (N.T.) dated May 28, 2016)
The cenvat credit of KKC shall be available and shall be utilized only for the payment of KKC. Thus, separate accounts needs to be maintained.
Cenvat credit in respect of KKC shall be utilised only towards payment of KKC.
Point of Taxation for New Levy of KKC:
It is pertinent here to note that Explanation 1 & 2 to Rule 5 of Point of Taxation Rules, 2011 (“the POT Rules”) have been inserted w.e.f March 1, 2016. Explanation 1 provides that point of taxation in case of new levy on services shall be governed by Rule 5 of the POT and as per Explanation 2, new levy or tax shall be payable on all cases other than specified in Rule 5.
Recently vide Notification 35/2012 ST dated 23 June
2016, Government has exempt from levy of KKC if the conditions mentioned in the
notification satisfied.
Accordingly it has
exempted taxable services from levy of Krishi Kalyan Cess (“KKC”) in cases which satisfies the following
two conditions:
– Where invoices have been raised
prior to 01.06.2016; and
– Where provision of service has been
completed prior to 01.6.2016.
Thus no KKV shall be levied in case
where provision of service completed and invoice has been raised prior to
01.06.2016 or.
If both conditions not satisfied , POT shall be determined as per Rule 5 of POT
rules.
But it is important to note that this
Notification has come into effect with effect from 23.06.2016 and notification
is silent about the payment received on opening debtors for the period
01.06.2016 to 22.06.2016.
What will happen where service is not
completed fully?
No KKC would be applicable as Notification says that “Provision of service has been completed prior to 01.06.2016”.
Rule 5 of the POT covers two specific situations where new levy shall not be payable:
1.
Invoice issued and payment received against such invoice before such service
becomes taxable;
2.
Payment received before the service becomes taxable and invoice has been issued
within 14 days of the date when the service is taxed for the first time,
Point of taxation in case of new levy on services shall be governed by Rule 5 of POT Rules. As per the Rule 5 read with explanations, only in two situations (mentioned above), the KKC shall not be payable and in all others, KKC is to be paid.
|
Sl. No |
Date of service provided |
Invoice value |
Invoice date |
Payment received |
Date of payment |
Remarks |
|
1 |
25.05.2016 |
100000 |
25.05.2016 |
100000 |
06.06.2016 |
No KKC as Exempted under Notification No-35/2016 |
|
2 |
02.06.2016 |
100000 |
03.06.2016 |
100000 |
06.06.2016 |
KKC applicable as per POTR |
|
3 |
25.05.2016 |
100000 |
15.06.2016 |
100000 |
06.06.2016 |
KKC applicable as per POTR |
|
4 |
25.05.2016 |
100000 |
28.05.2016 |
100000 |
29.5.2016 |
KKC not applicable as per rule 5 of POTR |
|
5 |
25.05.2016 |
100000 |
28.5.2016 |
90000 |
29.5.2016 |
No KKC as Exempted under Notification No-35/2016 even payment received after 31.05.2016 |
|
6 |
02.06.2016 |
100000 |
02.06.2016 |
100000 |
29.5.2016 |
KKC not applicable, because receipt of payment before 1 st June 2016 while invoice issued within 14 days from taxability of service |
|
7 |
25.05.2016 |
100000 |
20.6.2016 |
100000 |
30.5.2016 |
Taxable because requirement of issue of invoice either before 01.06.2016 or within 14 days from the date of service is not fulfilled |
|
8 |
25.05.2016 |
100000 |
20.6.2016 |
100000 |
30.5.2016 |
Taxable because requirement of issue of invoice either before 01.06.2016 or within 14 days from the date of service is not fulfilled |
What will happen where service is not
completed fully?
No KKC would be applicable as
Notification says that “Provision of service has been completed prior to 01.06.2016”.
Point of Taxation for KKC under Reverse Charge:-
POT in case of reverse charge is governed by Rule 7 of
the POT Rules, In terms of Rule 7 of the POT Rules, point of taxation under
reverse charge (except associated enterprises located outside India), shall be
as under:
|
Payment made within 3 months |
Date of Payment |
|
Payment not made within 3 months |
Date immediately following the end of 3 months |
In case of associated enterprises, where the person providing the service is located outside India, POT shall be earlier of the following:
-Date of debit in the books of account of service receiver;
-Date of Payment
It would not be out of
place here to mention that a proviso has been inserted in Rule 7 of the POT
Rules vide Notification No. 21/2016-ST dated March 30, 2016, to provide
that where there is change in the liability or extent of liability of Service
tax to be paid under Reverse Charge:
Service has been provided and the invoice issued before the date of such change, but payment has not been made as on such date, the POT shall be the date of issuance of invoice
Rebate of KKC for exports
Vide Notification No. 29/2016-ST dated 26.05.2016, it has been notified that w.e.f. 1.6.2016, rebate of duty or Service Tax used in providing taxable services which are exported, under Notification No. 39/2012-ST dated 20.06.2012 shall also be available to Krishi Kalyan Cess (KKC)
Refund of KKC to Special Economic Zone (SEZ)
Vide Notification No. 30/2016-ST dated 26.05.2016, it has been notified that w.e.f. 1.6.2016, developer of Special Economic Zones (SEZ) or a unit in SEZ under Notification No. 12/2013-ST dated 1.7.2013 shall be entitled to refund of Service Tax paid on specified services on which ab initio exemption is admissible but not claimed and amount distributed to it as per clause III (a) of Notification. Further, refund of KKC shall also be allowed like that of SBC by multiplying total Service Tax distributed to it by sum of effective rates of SBC and KKC and dividing the product by rate of Service Tax as per section 66B of the Finance Act, 1994.
Annexures
Effective Rate of Service Tax post
01.06.2016 in case of Abated services
|
S.No. |
Income Heads |
Rates Effective From 01.06.2016 |
||||
|
Taxable Value |
Effective ST Rate |
Effective SBC Rate |
Effective KKC Rate |
Total Effective Tax Rate |
||
|
1 |
Services in relation to financial leasing including hire purchase |
10% |
1.40% |
0.05% |
0.05% |
1.50% |
|
2 |
Transport of Goods in containers by rail by any person other than Indian Railways |
40% |
5.60% |
0.20% |
0.20% |
6.00% |
|
2A |
Transport of Goods by Rail other than as specified above |
30% |
4.20% |
0.15% |
0.15% |
4.50% |
|
3 |
Transport of Passengers with or without accompanied belongings by Rail |
30% |
4.20% |
0.15% |
0.15% |
4.50% |
|
4 |
Bundled service by way of supply of food or any other article of human consumption or any drink, in a premises (including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organizing a function) together with renting of such premises |
70% |
9.80% |
0.35% |
0.35% |
10.50% |
|
5 |
Transport of passengers by air with or without accompanied belongings in economy class |
40% |
5.60% |
0.20% |
0.20% |
6.00% |
|
5A |
Transport of passengers by air in higher class |
60% |
8.40% |
0.30% |
0.30% |
9.00% |
|
6 |
Renting of inns, hotels, Guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes |
60% |
8.40% |
0.30% |
0.30% |
9.00% |
|
7 |
Services of goods transport agency in relation to transportation of goods other than household goods |
30% |
4.20% |
0.15% |
0.15% |
4.50% |
Effective Rate of services where alternate rate is provided post 01.06.2016
|
Service Provider |
Services |
Effective Service Tax Rate |
Effective SBC |
Effective KKC |
Effective Total Rate |
|
Money Changer |
Services in relation to purchase or sale of foreign currency for an amount upto rupees 100,000 |
0.14% |
0.005% |
0.005% |
0.15% |
|
Services in relation to purchase or sale of foreign currency for an amount exceeding Rs. 100,000 but upto rupees 1000,000 |
Rs. 140 + 0.07% |
Rs. 5 + 0.0025% |
Rs. 5 + 0.0025% |
Rs. 150 + 0.075% |
|
|
Services in relation to purchase or sale of foreign currency for an amount exceeding Rs. 1000,000 |
Rs. 770 + 0.014% |
Rs. 27.5 + 0.0005% |
Rs. 27.50 + 0.0005% |
Rs. 825 + 0.015% |
|
|
Lottery |
Guarantee payout more than 80% |
Rs 8200 on every Rs 10 Lakh (or part thereof) |
Rs 293 on every Rs 10 Lakh (or part thereof) |
Rs 293 on every Rs 10 Lakh (or part thereof) |
Rs 8,786 on every Rs 10 Lakh (or part thereof) |
|
Guarantee payout less than 80% |
Rs 12,800 on every RS 10 Lakh (or part thereof) |
Rs 457 on every Rs 10 Lakh (or part thereof) |
Rs 457 on every Rs 10 Lakh (or part thereof) |
Rs 13,714on every RS 10 Lakh (or part thereof) |
|
|
Insurance |
First year of Policy |
3.50% |
0.125% |
0.125% |
3.75% |
|
Subsequent years |
1.75% |
0.063% |
0.063% |
1.88% |
|
|
Air Travel Agent |
Domestic Travel |
0.70% |
0.025% |
0.025% |
0.75% |
|
Foreign Travel |
1.40% |
0.050% |
0.050% |
1.50% |
Effective Rate of Service Tax post 01.06.2016 in case of Valuation
|
Particular |
Taxable Value |
Effective Service Tax Rate |
Effective SBC |
Effective KKC |
Total Effective Tax Rate |
|
Works Contract - Original Works |
40% |
5.60% |
0.20% |
0.20% |
6.00% |
|
Works Contract - Others |
70% |
9.80% |
0.35% |
0.35% |
10.50% |
|
Restaurant |
40% |
5.60% |
0.20% |
0.20% |
6.00% |
|
Outdoor Catering |
60% |
8.40% |
0.30% |
0.30% |
9.00% |
Effective Rate of services in case of reverse charge post 01.06.2016
|
S.No. |
Service |
Rates Effective From June 1, 2016 |
||||
|
Taxable Value |
Effective Service Tax Rate |
Effective Swach Bharat Cess Rate |
Effecive Krishi Kalyan Cess |
Total effective Tax |
||
|
1 |
Rent A Cab - with abatement |
40% |
5.60% |
0.20% |
0.20% |
6.00% |
|
2 |
Rent A Cab - without abatement |
50% |
7.00% |
0.25% |
0.25% |
7.50% |
|
3 |
Manpower Supply |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
|
4 |
Security Services |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
|
5 |
Payment to Advocates and Lawyers |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
|
6 |
Payment for Spnsorship |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
|
7 |
Transportation of Goods By Road |
30% |
4.20% |
0.15% |
0.15% |
4.50% |
|
8 |
Payment to Independent Director |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
|
9 |
Works Contract- For Original Works |
20% |
2.80% |
0.10% |
0.10% |
3.00% |
|
9 |
Works Contract- For Other Works |
35% |
4.90% |
0.18% |
0.18% |
5.25% |
|
10 |
Payment to Arbitral tribunal |
100% |
14.00% |
0.50% |
0.50% |
15.00% |
Disclaimer:
Views expressed are strictly personal. The content of this document are solely
for informational purpose, it doesn’t constitute professional advice or
recommendation.