As you are aware, the Finance Minister has presented the Union Budget 2016-17 in the Parliament on 29.02.2016. Several amendments have been proposed in the Union Budget on the service tax side. Important amendments relevant for Tour Operators are being explained below:-
ABATEMENT ON SERVICES OF TOUR OPERATORS FOR SERVICE TAX PAYMENT
In the case of “package tour”, abatement @ 75% from the gross amount charged by the Tour Operator is currently available so that service tax is payable on balance 25% portion with the facility of availing CENVAT Credit of service tax charged by another Tour Operator. The abatement is reduced from 75% to 70% in the case of package tour. In other words service tax will now be payable on 30% of the gross amount.
In cases where the tour operator is providing services solely of arranging or
booking accommodation for any person in relation to a tour, abatement of
90% is available with specified conditions. However, this abatement of 90%
cannot be claimed in such cases where the invoice, bill or challan issued by
the tour operator, in relation to a tour, only includes the service charges for
arranging or booking accommodation for any person and does not include
the cost of such accommodation. There is no change in the rate of abatement
or the conditions required to be fulfilled for claiming the said abatement.
In the case of other services including arranging cabs etc., abatement @ 60% is currently available so that service tax is payable on balance 40% portion with the facility of availing CENVAT Credit of service tax charged by another Tour Operator.
Here the abatement is increased from 60% to 70% making the Tour Operator to pay service tax on 30% of gross amount as in the case of package tour.
The Tour Operator is not entitled to avail CENVAT Credit on input, capital goods and input services other than input services of a Tour Operator. There is no change in this provision.
Revised chart of Service Tax applicable for tour operators w e.f. 1st April 2016 is as under:-
| SERVICE | SERVICE TAX @ 14 % | S.B.CESS @ 0.50 % | TOTAL SERVICE TAX |
| ROOM ONLY | 1.40 % (After abatement of 90%) | 0.05 % | 1.45 % |
| Other than above including TOUR PACKAGEsand TRANSPORT | 4.20 % (after abatement of 70%) | 0.15 % | 4.35 % |
| Those who are registered under TRANSPORT CATEGORY | 5.60 % (After abatement of 60%) | 0.20 % | 5.80% |
Please note that
• CENVAT Credit will be available only between tour operators to tour operators,
• CENVAT Credit will be available on Service Tax part only
• Swachh Bharat Cess to be shown separately as “SB Cess”. No CENVAT Credit will be available on SB Cess.
• Revised rates as indicated in the above table shall apply to invoicing made on or after 01.04.2016.
• There is no other change in service tax rate between 01 April 2016 to 31st May 2016