The Ministry of Finance has issued a notification today which states that the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the two kinds of services provided by Indian Railways namely Service of transportation of passengers (with or without accompanied belongings) in 1st class or in Air Conditioned Coach and services by way of transportation of goods, from the whole of service tax leviable thereon under section 66-B of the Finance Act 1994. The exemption would be effective upto 30th September 2012.
The Ministry of Railways has been pursuing the case with the Ministry of Finance for exempting Indian Railways from the levy of Service Tax in its entirety. Shri Mukul Roy, Minister of Railways had taken up the issue with the Prime Minister, in his capacity as the Minister of Finance, and had emphasized that the role performed by the Railways is primarily aimed at fostering inclusive growth through effective discharge of its social obligation. It was also brought out that Indian Railways do not operate for profit as a motive. While seeking exemption for the Railways, Shri Mukul Roy pointed out that Rail is the preferred mode of transport, not only for the bulk of passengers but also for carrying essential commodities and any levy of Service Tax would have an adverse impact on a large cross section of the society which may lead to spiraling inflationary pressure.
Read Notification Given Below.
Remains Applicable on 01.07.2012 for one day :If we read Notification carefully , The exemption has been given from date of publication of Notification i.e 02.07.2012 .So technically it remains applicable on 01.07.2012 date eeven after this notification.But in our view railway is least bothered as they have "Didi" in their side .same is the Govt as they are bound under " Coiliation Dharma "
New Delhi, the 2nd July, 2012
Notification No. 43/2012-Service Tax
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), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the taxable services of the description mentioned in the Table below, provided by the Indian Railways from the whole of service tax leviable thereon under section 66B of the said Act, with effect from the date of publication of this notification in the Official Gazette, upto and including the 30th day of September, 2012.
Description of taxable services
Service of transportation of passengers, with or without accompanied belongings, by railways in --
(A) first class; or
(B) an air conditioned coach
Services by way of transportation of goods by railways
[F. No. 334/1/2012-TRU]
Under Secretary to the Government of India