Abatement Notification 26/2012 Dated 20.6.2012

G.S.R..... (E). - In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Act), and in supersession of notification number 13/2012- Service Tax, dated the 17th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 211 (E), dated the 17th March, 2012, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable service of the description specified in column (2) of the Table below, from so much of the service tax leviable thereon under section 66B of the said Act, as is in excess of the service tax calculated on a value which is equivalent to a percentage specified in the corresponding entry in column (3) of the said Table, of the amount charged by such service provider for providing the said taxable service, unless specified otherwise, subject to the relevant conditions specified in the corresponding entry in column (4) of the said Table, namely;

Table

Sl.No.
Description of taxable service
 Percentage  Conditions
 (1) (2)  (3)  (4)
1 Services in relation to Financial Leasing including Hire purchase  10  Nil
2 Transport of goods by Rail  30  CENVAT Credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules,2004
3 Transport of passengers, with or without accompanied belongings by rail 30  CENVAT Credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules,2004
 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 place, specially arranged for organizing a function) together with renting of such premises.  70  (i)  CENVAT credit on any goods classifiable under Chapters 1 to 22 of the Central Excise Tariff Act, 1985 (5 of 1986) used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
 5

Transport of passengers by air, with or without accompanied belongings in

(i)   Economy class (ii) Other than economy class
40 60 CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.
 6 Renting of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes  60
 7 Services of goods transport agency in relation to transportation of goods.   30  CENVAT credit on inputs, capital goods and input services, used for providing the taxable service,has not been taken by service provider under the provisions of the CENVAT Credit Rules, 2004. Vide Notification No. 8/2014 Dated 11/07/2014,  after the words " has not taken", the words "by service provider" has been inserted.
 8 ***** The Relevant Entry Omitted Vide Notification No.08/2015 Dated 01/03/2015 Substituted for "“CENVAT credit on inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004.in the column (4) of the entry , Vide Notification No. 8/20014 Dated 11/07/2014
 9 Renting of Motor Cab  40 (i) CENVAT credit on inputs and capital goods, used for providing the taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004; (ii) CENVAT credit on input service of renting of motorcab has been taken under the provisions of the CENVAT Credit Rules, 2004, in the following manner : (a)        Full CENVAT credit of such input service received from a person who is paying service tax on forty percent of the value; or (b)        Up to forty percent CENVAT credit of such input service received from a person who is paying service tax on full value; (iii) CENVAT credit on input services other than those specified in (ii) above, has not been taken under the provisions of the CENVAT Credit Rules, 2004.”;