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EXEMPTION TO SERVICES BY TBI OR STEP

Dr. Sanjiv Agarwal
Tech Incubators Exempt from Taxable Services Under Notification 32/2012-ST; Annual Filing Due by June 30 Taxable services provided by a Technology Business Incubator (TBI) or a Science and Technology Entrepreneurship Park (STEP) recognized by the National Science and Technology Entrepreneurship Development Board are exempt under Notification No. 32/2012-ST. To claim this exemption, TBIs or STEPs must use specific formats to report information. Format I requires details from the TBI/STEP, while Format II requires information from each incubatee. An agreement between incubators and incubatees is necessary, and the exemption must be filed annually by June 30. The TBI/STEP must submit these formats to the Central Excise authorities to avail of the exemption. (AI Summary)

Taxable services provided by a Technology Business Incubator (TBI) or a Science and Technology Entrepreneurship Park (STEP) recognized by the National Science and Technology Entrepreneurship Development Board (NSTEDB) of the Department of Science and Technology, Government of India. (Refer Notification No. 32/2012-ST dated 20.6.2012).

Formats to be used

For claiming this exemption, following formats have to be used –

a) Fomat – I Information to be furnished by TBI or the STEP

b) Format – II Information to be obtained by TBI / STEP from each incubatee and to be filed along with formate - I

Points for Compliance

(1) TBI/STEP is required to obtain the required information from each incubator in the prescribed format II.

(2) If there are more than one incubates, declaration from all should be obtained and filed along with format I.

(3) It is essential to have an agreement between incubators and incubatees. The date of such agreement is required to be mentioned in format II by incubator.

(4) The declaration is for a financial year and incubatee should disclose total business turnover.

(5) Format I and II should contain details of various taxable services rendered with value.

(6) Format II is to be signed by incubatee only whereas format I is to be signed by TBI/STEP.

(7) Format II is not required to be filed by incubator but submitted to the TBI/STEP. It is the obligation of TBI/STEP to enclose the same with Format I while submitting to the Department.

(8) Format I should be signed by TBI/STEP and submitted to the Assistant/Deputy Commissioner of Central Excise before availing the exemption.

(9) Such declaration is required to be filed for each financial year by 30th June of each financial year.

(10) In case of exemption being availed for first time (as will happen in 2007-2008), date from which benefit is to be availed must be mentioned.

(11) TBI/STEP should also provide details of taxable service rendered with value thereof to incubatees and non-incubatees.

(12) Receipt of format I shall be duly acknowledge by the Department.

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