FAQ on Krishi Kalyan Cess (KKC)

FAQ  on Krishi Kalyan Cess (KKC)

·         What is Krishi Kalyan Cess (KKC)?

It is a Cess which shall be levied and collected in accordance with the provisions of Chapter VI of the Finance Act, 2016,called Krishi Kalyan Cess, as service tax on any or all of taxable services at the rate of 0.5% of the value of taxable service.

·         What is the date of implementation of KKC?

The Central Government has appointed 1^st day of June, 2016 as the date from which provisions of Krishi Kalyan Cess will come into effect.

·         Whether KKC would be leviable on exempted services and services in the negative list?

Notification No. 28/2016 dated 26-05-2016 provides that Krishi Kalyan Cess is not leviable on Services mentioned in “Negative List” and “Mega Exemption List”. Further, no KKC will be levied on the activity which is excluded from the definition of service under Section 65B(44) of the Finance Act.

·         Why has KKC been imposed?

KKC has been imposed for the purposes of financing and promoting initiatives to improve agriculture or for any other purpose relating thereto.

·         Where will the money collected under KKC go?

The proceeds of the Krishi Kalyan Cess shall first be credited to the Consolidated Fund of India and the Central Government may, after due appropriation made by Parliament by law in this behalf, utilise such sums of money of the Krishi Kalyan Cess for such specified purposes.

·         Whether separate accounting code will be there for Krishi Kalyan Cess?

Krishi Kalyan Cess (Minor Head)	Tax Collection	Other Receipts	Deduct Refunds	Penalties
0044-00-507	00441509	00441510	00441511	00441512

Yes, for payment of Krishi Kalyan Cess, a separate accounting code is notified vide Circular 194/04/2016 dated 26-05-2016. These are as follows:-

·         How will the KKC be calculated?

KKC would be calculated in the same way as Service tax is calculated. Therefore, SBC would be levied on the taxable value of services as is used for levy of service tax. Unlike Education Cess, KKC is not to be calculated on Service Tax but on the taxable value of the service provided.

·         Whether KKC would be required to be mentioned separately in invoice?

KKC would be levied, charged, collected and paid to Government independent of service tax. This needs to be charged separately on the invoice, accounted for separately in the books of account and paid separately under separate accounting code which would be notified shortly. KKC may be charged separately after service tax as a different line item in invoice. In absence, the same could be demanded by the Central Excise officer.

·         Whether alternate rate as applicable to Service Tax under sub-rules 7, 7A, 7B, 7C of rule 6 of STR, 1994 also applies to KKC?

Yes, the alternate rate for payment of Tax as applicable to Service Tax under sub-rules 7, 7A, 7B, 7C of rule 6 of STR, 1994 shall also apply in similar proportion to KKC. New sub-rule 7E is inserted vide Notification No. 31/2016 dated 26-05-2016 which provides for the option to pay KKC at the composition rates instead of paying at the rate specified in sub-section (2) of section 161 of the Finance Act, 2016 (28 of 2016).

·         Whether Cenvat credit of payment of KKC is permissible under Cenvat Credit Rules, 2004?

Yes. 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. You can also claim the refund of KKC in service tax.

·         Whether refund of KKC is permissible under Cenvat Credit Rules, 2004?

Refund of this KKC shall be allowed to Exporter of Service when his output services are considered as export under Rule 6A of Service Tax Rules, 1994.

·         Whether rebate can be claimed against Krishi Kalyan Cess paid on all services, used in providing services exported in terms of rule 6A of the Service Tax Rules?

Yes, Notification No. 29/2016-Service Tax dated 26-05-2016 allows the rebate claim of Krishi Kalyan Cess paid on all services, used in providing services exported in terms of rule 6A of the Service Tax Rules, 1994.

·         In case of services covered by Abatement, what would be effective rate of tax?

Taxable Services, on which service tax is leviable on a certain percentage of value of taxable service under Notification No.26/2012-Service Tax dated 20th June, 2012, will attract KKC on the same percentage of value of services. For eg., in case of accommodation services, Service Tax is applicable on 70% of the value of services.  Similarly, KKC would be applicable on 70% value of services only. (Notification No. 28/2016-Service Tax dated 26-05-2016).

·         Is Krishi Kalyan Cess applicable on Reverse Charge Mechanism (RCM) service?

Yes. Hence, KKC is payable along with service tax on the services availed and covered under reverse charge mechanism. Notification No. 27/2016-Service Tax dated 26-05-2016 provides that Notification No. 30/2012-Service Tax dated 20-06-2012, shall be applicable mutatis mutandis for the purposes of Krishi Kalyan Cess.

·         What would be the liability in case of Reverse Charge Services, where services have been received prior to 1.6.2016, but consideration paid post 1.6.2016?

In case of reverse charge services, point of taxation as per Rule 7 of Point of Taxation Rules, would be the date on which consideration is paid to service provider. However, if the payment is not made within three months from the date of invoice, in such cases, point of taxation would be the day next to such three months. 

Further, in case of "associated enterprises", where the person providing the service is located outside India, the point of taxation shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.

Also, Provided also that where there is change in the liability or extent of liability of a person required to pay tax as recipient of service notified under sub-section (2) of section 68 of the Act, in case 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 point of taxation shall be the date of issuance of invoice.  Hence, in such case Krishi kalyan Cess would be payable in similar manner.

·         How does Krishi Kalyan Cess apply on ‘Works Contract Service’?

Notification No. 28/2016-ST dated 26-05-2016 provides that the value of services shall be determined in accordance with the 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% (15%*40%) and 10.5% (15%*70%) respectively.  Similar treatment would be accorded to restaurant and catering services as well.

·         What would be the point of taxation for Krishi Kalyan Cess?

Point of taxation means the point when a service shall be deemed to have been provided. KKC shall be covered under Rule 5 of Point of taxation Rules 2011. Thus, all services where payment has not been received prior to 01.06.2016, KKC shall be levied even though such services have been provided prior to such date.  The situation can be explained as per the following chart:

Point of Taxation (Date of applicability – 01.06.2016)

Situation	Services provided	Invoice Issued	Payment received	Whether KKC applicable
Situation A	Before	Before	Before	No
Situation B	Before	Before	After	Yes
Situation C	Before	After	After	Yes
Situation D	Before	On or before 14.06.2016	Before	No
Situation E	Before	After 14.06.2016	Before	Yes
Situation F	After	On or before 14.06.2016	Before	No
Situation G	After	After 14.06.2016	Before	Yes
Situation H	After	Before	Before	No
Situation I	After	Before	After	Yes
Situation J	After	After	After	Yes

·         Whether refund is available in case of KKC paid on specified services used in SEZ?

Yes, Refund of KKC paid on specified services used in SEZ is available. Notification No. 30/2016-ST dated 26-05-2016 enables the SEZ unit or the developer for refund of the KKC paid on the specified services on which ab-initio exemption is admissible but not claimed.

·         Is KKC similar to the Krishi Kalyan Surcharge?

No, Krishi Kalyan Cess is different from the Krishi Kalyan Surcharge which is announced by the Government in the same Union Budget, 2016-17. In order to provide a stable and predictable taxation regime and reduce black money, it was announced in the budget that domestic tax payers can declare undisclosed income or such income represented in the form of any asset by paying tax at 30%, and surcharge (means an addition to the existing tax) at 7.5% and penalty at 7.5%, which is a total of 45% of the undisclosed income. Such declarants will have immunity from prosecution. The Finance Minister while declaring the above provision mentioned that Surcharge levied at 7.5% of the undisclosed income will be called as Krishi Kalyan Surcharge, to be used for agriculture and rural economy.  While KKC is on Services, Krishi Kalyan Surcharge shall be levied on undisclosed income.

 This Article has been shared by CA Gaurav Gupta.

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Summary of Krishi Kalyan Cess – Service tax New levy Applicable from 01st June, 2016

The Finance Act, 2016 under Chapter VI has introduced a new cess named ‘Krishi Kalyan Cess’ (KKC) on all taxable services at the rate of 0.5% of the value of such services for the purposes of financing and promoting initiatives to improve agriculture or any other purpose. This cess would come into force from 01.06.2016 and would be levied and collected ‘as service tax’ on the value of all taxable services. This cess would be in addition to any cess or service tax leviable on such taxable services. It is in the nature of a tax and not a fee since there is no quid pro quo between the payer (assesses) and the recipient (Government).

Relevant Rules to understand the implication of new levy:

• Rule 4 of Point of Taxation Rules, 2011 (“POTR, 2011”) – Change in Effective Tax Rate
• Rule 5 of POTR, 2011 – Service Taxed for the first time
• Rule 7 of POTR, 2011 –point of tax for service recipient
• Notification No. 10/2016-ST dated 01^st March, 2016 (insertion of explanation in Rule 5)
• Circular No. 194/04/2016-ST dated 26^th May, 2016 (Accounting Code for payment of KKC)

Analysis above Rules one by one:

• Rule 4 says that in case of a change in effective rate of tax, the new rate would be applicable only when atleast two of the three events occur after the introduction of the new rate:

a) provision of service;

b) invoicing; and

c) receipt of payment.

Where two events occur before the effective date i.e. 01^st June, 2016, then the old rate would be applicable.

• Rule 5 says that where a service is ‘taxed for the first time’ to all cases where payments are received after 01^st, June, 2016 even though the invoice has been issued before 01^st, June, 2016.

• Explanations inserted vide Notification No. 10/2016 in Rule 5says that Rule 5 shall apply mutatis mutandis in case of new levy on services.

• Rule 7 says that point of tax in case of a person who is required to pay service tax as recipients of service shall be the date on which payment is made.

Summary of the above:

• KKC will have to be paid on
• outstanding balance as on 31^st May, 2016 for which payment is to be received after 01^st June, 2016;
• payments received before 01^st June, 2016 but invoice for the same is raised after 14^th June, 2016

Particulars	Invoice is raised before 01.06.2016	Service is Provided before 01.06.2016	Payment is made before 01.06.2016	Applicability of KKC
Scenario 1	Yes	Yes	Yes	No
Scenario 1	No	Yes	Yes	No
Scenario 1	Yes	Yes	No	Yes
Scenario 1	No	Yes	No	Yes

• Under reverse charge KKC will have to be paid along with ST @ 14% and SBC @ 0.5% as and when payment is made to the party.

 Accounting Code for payment of KKC is as under:

Sr. No.	KrishiKalyanCess (Minor Head)	Tax Collection	Other Receipts (Interest)	Deduct Refunds	Penalties
1	0044-00-507	441509	441510	441511	441512

• Other Relevant Point Regarding KKC:

CENVAT Credit Rules Amended : - Notification No. 28/2016-Central Excise (N.T.), Dated: May 26, 2016

·         1. New Rule 3(1a): Cenvat Credit of Krishi Kalyan Cess is allowed.

·       2. New proviso (tenth) to Rule 3(4): Cenvat credit other than KKC credit cannot be used for paying KKC.

·         3. New Clause 3(7)(d): Cenvat credit of KKC Cess can be used only for payment of KKC Cess.

Reverse Charge to apply to KKC: Notification No. 27/2016-Service Tax, Dated: May 26, 2016

·         Notification No. 30/2012 - Service Tax, dated the 20th June, 2012, shall be applicable mutatis mutandis for the purposes of Krishi Kalyan Cess.

Exempted Services exempted from KKC also: Notification No. 28/2016-Service Tax, Dated: May 26, 2016

·         1. Taxable services which are exempted from the whole of service tax by a notification or special order or otherwise not leviable to service tax under section 66B of the Finance Act, 1994, are exempted from KKC.

·         2. KKC payable only on the abated value as per Notification No. 26/2012-Service Tax, dated 20th June, 2012.

Services used in SEZ - Exemption from KKC: Notification No. 30/2016-Service Tax, Dated: May 26, 2016

·         Krishi Kalyan Cess is included in the notification No. 12/2013 dated 1.7.2013 granting exemption to services used in SEZs. A minor error in the Notification is also corrected.

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FAQs : TCS on Motor Vehicle More than Rs.10 Lacs

Solutions to Frequently Asked Question on TCS

On amendment in Section 206C, sub section 1 of the Income Tax Act, 1961 for Sale of Motor Vehicle of Value exceeding Rs. 10,00,000
Finance minister, Mr. Jaitley had proposed to impose a provision for collection of Tax at source at the rate of 1%, in case of Sale of Motor Vehicle and finally it was passed and law amended. Effective date is 1st June, 2016. In this article, I am trying to answer most commonly asked questions on this Amendment.


Act –         “ Every person, being a seller, who receives any amount as consideration for sale of a motor vehicle of the value exceeding ten lakh rupees, shall at the time of receipt of such amount, collect from the buyer, a sum equal to one percent of the sale consideration as income tax.
- Sub Sec. 1F of Section 206C.


Q1. Rate at which tax to be collected at source?

A 1. At the rate of 1%, on Sales consideration tax is to be collected at source.

Q2. Value means for collection of tax at source?

A 2. Value means Sales Consideration i.e. Invoice Amount.

Q3. Definition of Motor Vehicle?

A 3. Motor vehicle’ has not been defined specifically under the Income Tax Act. However, it is defined under section 2(28) of the Motor Vehicle Act, 1988, which read as under :
‘”motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle  running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty five cubic centimetres.” 
It includes trucks, buses, two-wheelers and cars.

Q4. If full value of Sales Consideration received through cheque or mode other than Cash, whether TCS provisions will be applicable.

A 4. Yes still, the provisions will be applicable, particularly this section had covered every mode of receipt and therefore receipt can be any mode for an Invoice value exceeding Rs. 10,00,000, provisions will be applicable.

Q5. If motor vehicle sold of value Rs. 10,00,000/- whether TCS provisions will be applicable?

A 5. Based on the reading of the provisions, it is inferred that TCS Provision will not be applicable, as act uses the word exceeding Rs. Ten lakh, however not include Rs. Ten lakh.
Act – “….value exceeding ten lakh rupees”.

Q6. Whether TCS to be collected, if Motor vehicle of value exceeding Rs. 10,00,000 purchased for personal consumption from Retail Buyer?

A 6. Yes, still Tax is to be collected at Source; as definition of Buyer is amended for clause VII in Bill passed in Lok Sabha, which specifically covers everyone as buyer, no one is excluded from Scope.
Act – “ sub –section (1D) or (1F) means a person who obtains in any sale, goods/services of the nature specified in the said sub-section” – Explanation 1.

Q7. Collection of TCS to be on Receipt basis or on Invoice basis in case Motor vehicle sold of value more than Rs. 10,00,000?

A 7. Collection of TCS to be on Receipt basis; the Finance Bill, 2016 as passed by the Lok Sabha provides that tax shall be collected on sale of motor vehicle only at the time of receipt of consideration. Earlier law was tax to be collected at source on date or receipt or invoice, whichever is earlier, now amended.
Act – “ Every person being a seller,…………….at the time of receipt of such amount, collect from the buyer…………” – Sub Section 1F.

Q8. Limit of Rs. 10,00,000/-  will be considered on amount inclusive of Tax or exclusive of Tax?

A 8. For Limit, amount will be considered inclusive of VAT i.e. Sales Consideration.

Q9. Rate of 1% for collection of TCS to be charged on Ex-showroom Price or On-Road Price?

A 9. TCS to be collected on Ex-showroom Price i.e. again on Sale Consideration (the Invoice amount, which include VAT)
Act – “…….a sum equal to one percent of the Sale Consideration as income tax”.

Q10. Whether TCS to be collected only on sale of Passenger vehicle?

A 10. For above question, answer is pessimistic; TCS must be collected on “sale of motor vehicle value exceeding Rs. Ten Lakh”, not just passenger vehicle. From the budget speech, it was perceived that it would be implemented only on passenger vehicles priced above Rs 10 lakh, but what has come prima facie in the language of the approved budget (Finance Bill 2016), TCS (tax collection at source) is applicable on all types of motor vehicles including trucks, buses, two-wheelers and cars sold by manufacturers, exports, dealers and government.

Q11. From which date TCS on Sale of Motor Vehicle of value exceeding Rs. Ten Lakh is applicable?

A 11. It is applicable from 1st June, 2016.

Q12. In case Invoice generated before applicability of law and amount received on and after 1st June, 2016; whether TCS provision will be applicable?

A 12. No liability arises to collect TCS; as event (Sale of Car) arises already before applicability of law.
Example – Car Invoice generated on 25th May, 2016 (Event arises before 1st June, 2016) of Rs. 11,00,000 and Rs. 1,00,000  received on 5th June, 2016 (receipt after or in 1st June, 2016); no need to collect TCS only collect Rs. 1,00,000/-.

Q13. In case complete invoice amount of Motor Vehicle, received before June, 2016 and Invoice generated on or after 1st June, 2016; whether liability to collect TCS arises?

A 13. Yes, liability to collect TCS arises, as event - generation of invoice is during the period of applicability of law. From customer amount of TCS is to be collected.
Example – Car’s complete invoice amount Rs. 11,00,000/- received on 25th May, 2016 and invoice generated on 5th  June, 2016, TCS to be collected from customer of Rs. 11,000 (1% of Rs. 11,00,000).

Q14. Whether Manufactures will also collect TCS?

A 14. Yes, Manufacturers will also collect TCS from Dealers; as everyone is covered.

Q15. Whether supplier will also collect TCS?

A 15. Yes, Suppliers will also collect TCS.

Q16. Whether Inter Dealer Seller will also collect TCS?

A 16. Yes, in case of Inter dealer Sale TCS will be collected.

Q17. If Ex-showroom Price of motor vehicle exceeds Rs. 10,00,000 but after giving discount, value is less than or equal to Rs. 10,00,000; whether TCS is to collected?

A 17. Based on the reading of the provisions, it is inferred that No need to collect TCS, as liability of TCS arises only if sales consideration (invoice amount) exceeds Rs. 10,00,000, but after giving discount to customers the invoice amount do not exceed Rs. 10,00,000 and hence no liability of TCS arises.
If discount is given through Credit Note, then liability of TCS collection arises, even though amount to be received by the seller do not exceed Rs. 10,00,000/- (because the seller Invoice amount exceeds Rs. 10,00,000). So only and only if, discount is given on invoice then such discount will be considered.

Q18. If bill raised, for two different parts of motor vehicle (say in case of trucks for – chasis and body) as single invoice, whose value exceeds Rs. Ten Lakh, whether TCS provision will be applicable?

A 18. Yes, TCS is to be collected, as the seller create a single invoice, it can be for two different parts of motor vehicle. So even though the individual value do not exceed Rs. Ten Lakhs, but if the invoice amount exceeds Rs. 10,00,000, then TCS is to be collected from customers.

Q19. Amount of Sale Consideration received in parts/stages, whether TCS to be collected on 1st receipt itself or in stages?

A 19. No regards to amount received in stages or in one pay, TCS to be collected at the time of first receipt itself.

Q20. Whether amount of TCS to be collected at the time of Receipt of Booking Amount?

A 20. Based on the reading of the provisions, it is inferred that; yes, on first receipt itself the TCS to be collected, which means TCS is to be collected with booking amount itself.
But practically, it’s not possible to collect TCS on full amount of Sales consideration, at the time of booking motor vehicle of value exceeding Rs. 10,00,000, with booking amount itself; therefore considering practical life, amount on which 1% to be charged for collection of TCS is Booking Amount.
Further, on every second receipt of sales consideration full amount of Tax can be collected at source less already received at the time of booking a motor vehicle.

Act – “ Every person, being a seller, who receives any amount as consideration for sale of a motor vehicle of the value exceeding ten lakh rupees, shall at the time of receipt of such amount, collect from the buyer, a sum equal to one percent of the sale consideration as income tax.: - Sub Sec. 1F.

Example – 
• car booked of value Rs. 11,00,000 on 7th June, 2016 with receipt of Rs. 11,000 (here booking amount is Rs. 10891 – 100% and tax Rs. 109 – 1%) & 
• On 11th June, 2016 amount received Rs. 5,00,000/- and on 5th July, 2016 rest amount, Rs. 589000/- received.

• Here on 11th June, 2016 along with Rs. 5,00,000 (1st receipt after booking amount) TCS of Rs. 10890/- (1% of Rs. 1089000/-) to be collected and so on 11th June,2016 net amount to be taken is Rs. 510890/- (500000+10890)

• On 5th July, only Rs. 5,89,000/-.

Yet this matter needs to be clarified by CBDT.

Q21. In case, car financed and amount received from Financer, when and how TCS to be collected?

A 21. As from above answer, tax is to be collected at the rate of 1% on booking amount at the time of booking and rest amount of TCS i.e. 1% on sales consideration, after deducting TCS collected at the time of booking; but in Finance case, part of the amount is received from Financer, here at the time of receiving margin money (before receiving money from Financer) from customer tax at the rate of 1% can be collected, considering practical situation.
This matter needs further CBDT’s clarification.

Q22. In case booking amount refunded to customer after payment of TCS to Government?

A 22. To customer, amount refundable will be Booking Amount only, not amount collected from customer for TCS can be refunded to customer, as tax collected from customer would being already paid to Government and in Act there is no provision of refund of TCS deposit or to adjust such TCS deposit, only provision for TDS is specified.
So practically, it would not be possible to refund tax to customer on cancellation of booking of motor vehicle of value exceeding Rs. Ten Lakh after depositing it with Government.

Final thoughts
In order to reduce the quantum of cash transaction in sale of any goods and services and for curbing the flow of unaccounted money in the trading system and to bring high value transactions within the tax net, it is proposed to amend the aforesaid section to provide that the seller shall collect the tax at the rate of one per cent from the purchaser on sale of motor vehicle of the value exceeding ten lakh rupees - However, it doesn’t help much to the various government initiatives aimed at simplification of business process. It would require some additional upfront payment from the customer. Coupled with increasing administrative hassles, it could impact ease of doing business," 
What do you think of this new Tax Collect at Source? Please feel free to share your thoughts in comments section below.

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e-Verification User Manual For Form 35

Electronic Verification Code (EVC) has been enabled for online filing of appeal before Commissioner (Appeal) in Form 35 for taxpayers not required to file using DSC. For user manual click here.

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Summary of Point of Taxation rules 2011 amended by finance act 2016

Scenario	Relevant Rule	First Event	Subsequent Event	Point of Taxation
New Services	5(a) of POTR	Invoice Issued and Payment received before service became taxable	N.A	No ST Payable
	5(b) of POTR	Payment received before service became taxable	Invoice issued with in 14 days when service is taxed for first time	No ST Payable
	3(a) of POTR	Service provided before tax became effective	Invoice issued with in 14 days & payment received after tax became effective	No ST Payable
Taxable service provided before change in effective rate of ST	4(a)(i) of POTR	Invoice Issued and Payment received after change is effective rate	N.A	Date of Receipt of payment or date of issuance of invoice which ever is earlier
	4(a)(ii) of POTR	Invoice Issued prior to change in effective rate	Payment received after change in Effective rate of tax	Date of issuing invoice
	4(a)(iii) of POTR	Payment received before change in effective rate	Invoice issued after change in effective rate of tax	Date of Receipt of payment.
Taxable service provided after change in effective rate of ST	4(b)(i) of POTR	Invoice Issued prior to change in effective rate	Payment received after change in Effective rate of tax	Date of Receipt of payment.
	4(b)(ii) of POTR	Invoice Issued and Payment received Prior change is effective rate	Taxable Service Provided	Date of Receipt of payment or date of issuance of invoice which ever is earlier
	4(b)(iii) of POTR	Payment received before change in effective rate	Invoice issued after change in effective rate of tax	Date of issuing invoice

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