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    Service Tax Refund to exporters through the Indian Customs EDI System (ICES)
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    Service tax refund to exporters via ICES now available electronically; register bank and tax code and opt in the shipping bill.
    Electronic service tax refunds are available to exporters via ICES on the basis of a notified schedule of rates as an alternative to document based claims. Exporters must register a bank account and central excise/service tax code with Customs using Annexure A and declare their electronic refund option and the applicable chapter/subheading in the electronic shipping bill; ICES will calculate refunds as a percentage of FOB value. Amendments via ICES/ICEGATE are permitted, refunds are disbursed through authorized banks or NEFT/RTGS, and existing drawback bank registrations may be reused subject to registration of the tax code.
    Extension of date of submission of service tax half yearly returns .
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    Extension of filing deadline for half yearly service tax returns granted due to electronic filing difficulties.
    An administrative order extends the due date for submission of half yearly service tax returns for the April-September 2011 period, invoking powers under the Service Tax Rules read with the enabling notification, and cites electronic filing problems as the reason; the extension is communicated to central excise and service tax field and systems officers for implementation.
    Telecommunication service - Clarification on taxability in respect of International Private Leased Circuit (IPLC)
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    Telecommunication service clarification: IPLC taxable only when provided by licensed telegraph authority under Indian Telegraph Act
    IPLC is within the definition of telecommunication service but taxable only when provided by a supplier who qualifies as a telegraph authority under the licensing requirement; foreign providers that cannot constitute such an authority remain outside telecommunication service taxability. The prior view reclassifying such services as business support service is corrected.
    Regarding Service Tax Refund to exporters through the EDI System
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    Service tax refund electronic scheme: exporters may opt for ICES schedule-based refunds or document-based refunds.
    A new electronic refund scheme allows exporters to choose ICES-based refunds under a schedule of rates or document-based refunds via Central Excise/Service Tax. To use the ICES route exporters must register bank and central excise/service tax code details with Customs using Annexure A and declare the option on the electronic shipping bill; ICES will compute refunds by applying the schedule rate to FOB value with disbursement to the registered bank account via authorized branches or NEFT/RTGS. Amendments and tracking are available through ICES/ICEGATE.
    Regarding documents to be submitted for application of registration for paying service tax
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    Registration documentation requirements for service tax: identity, residence, constitution and authorisation proof required or application may be rejected.
    Applicants for service tax registration must submit a copy of the Permanent Account Number, proof of residence, evidence of the applicant's constitution, and a power of attorney for authorised persons; these documents must be filed with the registering authority within the prescribed short-period after application or the registration may be rejected. The statutory timeframe for the officer to grant registration runs from the date the application is complete with those documents.
    Regarding clarification on levy of service tax on distributors/sub-distributors of films & exhibitors of movie
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    Copyright service taxation applies where copyrights are temporarily transferred; revenue-sharing may attract business support or renting classification.
    Temporary transfer or permitting use of copyright by a distributor or transferee to an exhibitor is taxable as copyright service, and the transferor must collect and remit service tax. If no copyright is transferred, the transaction must be examined for levy under Business Support Service (including operational or administrative assistance) or Renting of Immovable Property, depending on whether the exhibitor merely provides premises or also furnishes support services; arrangements creating an unincorporated joint venture that constitutes a distinct person are likewise taxable under applicable service heads.
    Comments/suggestions invited on Draft Adjudication Manual
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    Adjudication of excise, customs and service tax requires clear SCNs, natural justice, evidence rules, penalties, confiscation and enforcement timelines.
    The Manual sets the adjudication framework for Central Excise, Customs and Service Tax: departmental officers act as quasi judicial adjudicating authorities within prescribed monetary limits and jurisdictional rules; proceedings must observe natural justice (clear SCNs, opportunity to inspect and rebut, reasoned speaking orders); evidentiary rules cover statements and computer/ facsimile evidence; mandatory penalties and confiscation rules, provisional release on bond, redemption fines, interest and refund regimes, prosecution thresholds and enforcement mechanisms are prescribed, with timelines and reporting requirements.
    Revised Concept Paper on Taxation of Services based on Negative List November, 2011 • CBEC; Ministry of Finance
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    Negative list taxation for services: defines taxable economic activities and sectoral carve-outs pending place-of-supply rules.
    Proposal shifts service taxation to a Negative List, retaining the broad definition of "service" but confining levy to transactions by persons independently carrying out economic activities for consideration. It excludes employees acting under employment contracts and non commercial or gratuitous activities, preserves Central power to declare services, and specifies a revised Negative List across government services, social welfare, finance, transport, construction, education and health. Implementation requires Place of Taxation/Supply Rules and allows targeted exemptions and notified exceptions for operational clarity.
    Procedure and documents required in respect of single premises registration under Rule 4(1) of Service Tax Rules, 1994–reg.
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    Single premises registration requires online ST-1 filing with supporting premises, identity, PAN and bank proofs within seven days.
    A uniform procedure requires online submission of ST-1 via ACES and filing the signed ST-1 printout with the jurisdictional Registration Cell within seven days together with specified proofs for the premises, identity, PAN and bank accounts; upon grant an ST-2 printout signed by the Superintendent is issued. Transfers or address changes require Annexure-II disclosures and submission to both old and new jurisdictions; duplicate PAN/director proofs are not required if unchanged. After new registration, the earlier registration must be surrendered and the new jurisdiction informed within two months.
    Section 69 of the Finance Act, 1994 - Registration - Conversion of temporary based registration (STC) into PAN based registration.
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    PAN based registration requirement - temporary service-tax registrations must be converted and temporary numbers will be deactivated.
    The notice directs conversion of temporary service-tax registrations into PAN based registration under Section 69 and Rule 4: applicants must apply in Form ST-1 and, after verification, receive Form ST-2; those without PAN were earlier issued temporary numbers but must now obtain PAN, submit a xerox copy and apply to convert within one month; holders of both PAN-based and temporary registrations must surrender the temporary registration; temporary registrations will be deactivated in the ACES system after the compliance period.
    Renting of immovable property service - Civil Appeal on "Renting/leasing of immovable property"
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    Renting/leasing of immovable property service: deposit half arrears and furnish solvent surety to secure the stayed balance.
    Supreme Court directed deposit of 50% of service tax arrears on renting/leasing of immovable property in three instalments, provision of a solvent surety for the remaining 50% to the satisfaction of the jurisdictional Commissioner, and individual affidavits undertaking payment of the stayed balance; interest on stayed amounts is reserved for the successful party. The Trade Notice mandates submission of landlord and tax details, challan proof of payments, a bank guarantee or prescribed solvency certificate, and execution of a prescribed General Bond for compliance.
    Issuance of ST-2 Registration Certificate-reg.
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    Registration certificate issuance to be mailed by office; applicants may opt for personal collection on application.
    Certificates will be printed, signed and stamped by departmental officers and sent to applicants by post; assessees may elect personal collection by indicating that option on the ST-1 application submitted to the jurisdictional Superintendent. Registration work will be centralised within each Division and a single group of officers will handle registrations for all assessees in that Division.
    Draft Circular on Refunds in Service Tax
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    Refund eligibility for input services: clarifies tests and invoice-level assessment for export zero-rating under notification framework.
    Clarifies that refunds of cenvat credit on input services for export are intended to effect zero rating, aligning refund scope with the Cenvat definition of input service. For 100% exporters every input service meeting Rule 2(l) is refundable; for mixed businesses services used exclusively for domestic purposes are disqualified only on unmistakable facts, while mixed use is apportioned by the statutory correction factor. Eligibility is to be assessed at the input service invoice level and the annex lists illustrative eligible services with specified exclusions.
    Commercial construction/infrastructure development projects of road, airports, dams, tunnels etc, – levy of service tax on various service providers engaged / associated with such construction work
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    Works Contract Service exemption may not automatically extend to subcontractors; independent classification determines service tax liability.
    Services provided by subcontractors and other service providers to a main works contractor must be classified under their respective service descriptions and are chargeable accordingly; the main contractor's exemption for works contract services in specified infrastructure projects does not automatically extend to subcontractors unless the subcontractor's own activity is independently classifiable as Works Contract Service, in which case the subcontractor too may claim the exemption.
    Extension of date of submission of service tax half yearly returns.
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    Extension of filing deadline for half yearly service tax returns due to newly mandated e filing, allowing extra time to comply.
    The Central Board extends the filing deadline for half yearly service tax returns for the April-September period to afford taxpayers additional time to comply following the imposition of mandatory electronic filing for all classes of service tax assesses, thereby modifying the prescribed due date and providing an administrative accommodation to facilitate transition to e filing.
    Clarification on “Completion of Service” – reg.
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    Completion of service requires finalization of auxiliary activities before invoice issuance; invoice timing obligations apply to continuous services.
    The notice clarifies that for Service Tax Rules purposes an invoice must be issued within the statutory period after service completion, and completion includes all related activities that enable the provider to quantify and invoice the service (for example measurement or quality testing). The test of completion is the conclusion of those activities that place the provider in a position to issue the invoice; flimsy or irrelevant reasons cannot justify delay. This clarification also applies to determining completion dates in cases of continuous supply of service.
    Empanelment of CA/ICWA for audit of Service Tax assessees.
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    Special audit empanelment: panel of CA/ICWA to conduct service tax special audits under Section 14AA with specified duties.
    A panel of practising Chartered Accountants and Cost Accountants will be empanelled to conduct special audit of Service Tax assessees under Section 14AA as applied to Service Tax; eligibility requires institute membership with a Certificate of Practice, minimum Service Tax experience, no recent professional misconduct or penalization, and no ongoing departmental investigation. Applications will be scrutinized and shortlisted by a Commissioner-appointed Committee, with final empanelment after interview; the panel is normally valid for two years, assignments allocated as required, performance monitored, and auditors must follow Terms of Reference, coordinate with departmental officers, submit detailed certified reports, and comply with conflict-of-interest restrictions.
    Mandatory E filing of ST3/ST3A Return by all the assessees
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    Service tax e filing is mandatory; pre 2010 registrants must obtain a TPIN to access ACES and file returns electronically.
    The notice mandates electronic filing of half yearly Service Tax returns in Form ST 3/ST 3A through the ACES web portal; ACES issued registrations have login credentials, while pre 15 02 2010 registrants must apply for a TPIN via a prescribed format to the jurisdictional Deputy/Assistant Commissioner to obtain login details and enable electronic filing.
    Procedure and documents required in respect of Centralized registration sunder Rule 4(2)(iii) of Service Tax Rules, 1994–reg.
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    Centralized Registration requires centralized billing or accounting, online ST 1 filing and a compulsory undertaking for record retention and audits.
    Centralized registration under Rule 4(2)(iii) is available only where there is centralized billing or accounting; applicants must file an online ST-1 and submit printed application with Annexures II-IV disclosing branch wise registrations, pending SCNs/appeals/audits and a written justification of centralized systems, together with prescribed identity, address and bank proofs. The applicant must furnish an undertaking to maintain and produce centralized records for five years, allow audits at branch level, surrender single registrations within two months of grant and report branch Cenvat balances within 15 days for transfer.
    CHARGE OF SERVICE TAX ON SERVICES RECEIVED FROM OUTSIDE INDIA.
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    Service tax on cross-border services arises from enactment-based commencement, making liability effective from the statute's commencement.
    Service tax on taxable services provided by non-residents or persons located outside India to recipients in India is chargeable under the reverse charge mechanism only from the date when the statutory provision bringing such services within tax came into force; the Board accepts this position and has rescinded the earlier instruction that directed defence of levy from an earlier date, directing appropriate action in pending disputes.

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      Clarification on “Completion of Service” – reg.

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      Completion of service requires finalization of auxiliary activities before invoice issuance; invoice timing obligations apply to continuous services.
      The notice clarifies that for Service Tax Rules purposes an invoice must be issued within the statutory period after service completion, and completion ... Summary

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