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    Circulars
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    Service Tax - access to registered premises - empowerment of officers
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    Access to registered premises requires written authorization by a senior officer before each visit, limiting blanket inspection powers.
    Access to registered premises under Rule 5A is permitted only after written authorisation for each visit by an officer not below the rank of Assistant/Deputy Commissioner; blanket trade notices granting unfettered visitation powers are not permitted. Authorisations may be recorded in a maintained register, to be reviewed monthly by the Joint/Additional Commissioner and quarterly by the Commissioner; the directive also applies to investigative formations and cancels contrary instructions.
    Filing of claim for refund of service tax paid under notification No. 41/2007-ST dated 6/10/2007 - reg.
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    Refund of service tax: clarified procedures let exporters claim expedited interim refunds subject to documentation and audits.
    Refund of service tax on services used for export is claimable subject to filing at the central excise authority of manufacture, submission of the prescribed declaration to obtain a Service Tax Code, and production of invoices/bills/challans compliant with rule 4A as evidence of taxable services; the claimant bears the onus of establishing actual payment, may provide undertakings with supporting documents, and is subject to random checks and post-refund audits, while incomplete invoices cannot support claims and eligible exporters may obtain an ad hoc interim refund pending final verification.
    Service Tax - clarification regarding 'Commission' covered under 'Business Auxiliary Service' - reg.
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    Employee remuneration not taxable as business auxiliary service: commissions within employment duties excluded from service tax.
    Amounts paid by an employer to employees, including directors, that are remuneration for duties performed within the terms of employment - even if termed 'commission' and whether performance-linked or tied to financial results - are part of the employer-employee relationship and are not taxable as 'commission' under the definition of Business Auxiliary Service for service tax purposes.
    Utilization of accumulated CENVAT credit restricted in terms of Erstwhile Rule 6 (3) (c) CENVAT Credit Rules, 2004 - reg.
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    Utilization of accumulated CENVAT credit remains available for service tax payments where no express statutory prohibition exists.
    The amended CENVAT framework for taxpayers not maintaining separate accounts offers either a presumptive payment on the value of exempt supplies or payment equal to attributable CENVAT credit for exempted goods and services. Many taxpayers had accumulated CENVAT balances at the time of amendment; in the absence of an express prohibition or lapsing provision, taking and utilization of CENVAT credit is a substantive right and such accumulated balances are not to be treated as barred from post amendment use.
    Issuance of summons in service tax matters-regarding
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    Prior written permission for summons: supervisory authorization and written reasons now required before issuing service tax summons.
    Summons in specified service tax cases require prior written permission from an officer not below the rank of Assistant Commissioner, with the reasons for issuance recorded in writing; the amendment substitutes Assistant Commissioner for Deputy Commissioner and directs strict compliance and circulation to all officers.
    Levy of service tax on production of alcoholic beverages on job work basis -reg
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    Business Auxiliary Service exclusion applies where contract bottling amounts to manufacture, while partial processes remain taxable.
    Brand owners granting use of trademarks and technical assistance render an Intellectual Property Service taxable on gross consideration. Where a contract bottling unit performs the complete process amounting to manufacture as per the Central Excise Act, the BAS exclusion applies and BAS is not chargeable; partial processes such as packing or labelling remain chargeable to Business Auxiliary Service. Rent from leasing a distillery is taxable under Renting of Immovable Property Service.
    Exemption from Service tax on taxable services used in export of goods — Conditions and procedures
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    Service tax exemption on export-linked services: refund allowed where payment, no Cenvat claim, and documentary linkage are shown.
    Refund-based exemption of service tax is available for specified taxable services used in export of goods, provided exporters establish linkage by showing service tax was paid, that Cenvat credit was not taken, and that drawback was not availed; claims are filed quarterly with jurisdictional Central Excise authorities, require original invoices and certified payment evidence, and are subject to verification of actual use for export and service-specific evidentiary conditions.
    Show cause notice — Waiver of, on payment of Service tax with interest
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    Voluntary payment of service tax with interest bars a show cause notice if timely notified, except for fraud or collusion.
    Immediate voluntary payment of service tax with interest, made on the assessee's own ascertainment or ascertained by a Central Excise Officer and notified in writing to the Officer, prevents issuance of a show cause notice for the amount so paid; however the Officer may determine any unpaid balance and recover it, interest applies to payments and determined shortfalls, and the waiver does not apply where short payment or refund results from fraud, collusion, wilful misstatement, suppression of facts or intent to evade tax.
    Service Tax issues relating to units in SEZ
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    Service tax on SEZ-provided services: units must register and remit tax for services consumed outside the SEZ.
    SEZ units providing taxable services for consumption outside the SEZ must register with jurisdictional service tax authorities and discharge Service Tax where services are not exempt; a time bound survey will identify non compliance and report to DGST. Refunds for service tax on services used in export of goods under the relevant notification are to be processed by the jurisdictional service tax or central excise authorities, so SEZ units should register and file refund claims with those authorities.
    Service Tax levy on goods transport by road services - Reg.
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    Composite GTA service: ancillary transport activities included in GTA receipts and eligible for abatement when invoiced by the GTA.
    Service tax for road carriage is assessed as a single composite Goods Transport Agency (GTA) service; intermediary and ancillary activities performed in the course of transportation-such as loading, unloading, packing, transshipment and temporary warehousing-are part of the GTA service where the GTA issues the consignment note and invoices inclusive charges, and are therefore eligible for the abatement. The essential-character test governs classification; packing integral to transport by a GTA is GTA service, and time-sensitive road-only carriage with consignment note remains GTA service, not courier.
    Mandatory e-payment of Central Excise and Service Tax by large taxpayers : Interim accounting arrangement for e-payment collection
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    Mandatory e-payment requires centralised interim collection and accounting via authorised bank branches and existing reporting channels.
    Mandatory e-payment by large taxpayers implements an interim accounting arrangement authorising IDBI Bank to accept e-payments across all Commissionerates while physical collections remain Commissionerate-specific; IDBI will centralise e-payment scrolling at designated branches (Chennai for Central Excise, Mumbai for Service Tax) and report and settle funds with the Reserve Bank of India on existing Commissionerate-wise and Major Head-wise procedures.
    Admissibility of Cenvat credit of service tax paid under section 66A of Finance Act, 1994
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    Admissibility of Cenvat credit: service tax on imported services available as input credit when used for taxable outputs
    Service tax on services provided from outside India is levied as if the recipient had provided them, and the recipient must register and pay; such imported services are not treated as output services of the recipient, but service tax paid on them is admissible as input credit under the Cenvat Credit Rules when those services are used as input services by manufacturers, producers of final products, or providers of taxable output services.
    Utilisation of Cenvat credit CVD on imported goods for paying service tax
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    Cenvat credit eligibility denied for CVD on imported aircraft; ineligible credit does not become eligible after service tax levy.
    Credit of CVD on an imported aircraft is not allowable where the aircraft was used exclusively in providing exempted services at the time of import; under the Cenvat Credit Rules, credit on capital goods used only for exempted services is disallowed and such ab initio ineligible credit does not become eligible merely because the activity is later taxed.
    Data quality in Electronic Accounting system in Central Excise and Service Tax (EASIEST)
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    Non-Assessee registration codes now defined; challans with prohibited code suffix will be rejected from upload to EASIEST.
    A new Non-Assessee registrant category has defined assessee code structures (PAN-based and non-PAN formats) transmitted via the NSDL Assessee Directory; banks must update their "Incremental Assessee Code Master" import and challan file formats so that challans bearing assessee codes with a prohibited three-character suffix are not uploaded to the EASIEST system, and branch staff must advise taxpayers without assessee codes to obtain them from the relevant Commissionerate.
    Data quality in Electronic Accounting system in Central Excise and Service Tax (EASIEST)
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    Assessee code validation: Banks must reject challans with invalid non-assessee codes and update their software accordingly.
    New Non-Assessee registrant codes for Central Excise and Service Tax will be generated and transmitted to banks; banks must not upload challans with assessee codes ending in "ZZZ" and should advise payers without an assessee code to obtain one from the Commissionerate. Banks must modify their software to the revised 'Incremental Assessee Code Master' format and updated RT51 and RT58 file formats. NSDL will implement central system validations to reject challans with the prohibited trailing code, and such challans with tender dates beyond the notified cutoff will not be accepted.
    Access to registered premises — Empowerment of officers therefor
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    Access to registered premises: authorized officers may enter for scrutiny and verification to protect revenue within jurisdiction.
    Under the Service Tax Rules an officer authorized by the Commissioner may access premises registered under the Rules for scrutiny, verification and checks to safeguard revenue. The Commissionerate authorizes officers of the rank of Inspector and above in Service Tax Divisions I-III and in Audit (Hdqrs.) and SIV to exercise these powers within the Commissionerate's jurisdiction and asks trade associations to notify their members.
    Dispute Resolution Scheme, 2008-Reg.
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    Dispute Resolution Scheme clarifies eligibility and exclusions for service tax arrears, and treatment of revisional orders.
    The Dispute Resolution Scheme, 2008 provides compounding eligibility for service tax arrears unpaid before the cut off date where arrears (including interest and penalty) were leviable under the Finance Act, 1994 and pending liability does not exceed the monetary ceiling; it also covers cases of only interest and penalty. Orders under Chapter V, including revisional orders by the Commissioner issued on or before the cut off date, form the basis for compounding calculations. Notices under revisional power that only give an opportunity to be heard do not affect arrears computation, and acceptance of the Scheme finalizes pending revisional proceedings.
    Dispute Resolution Scheme, 2008 - Reg.
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    Dispute Resolution Scheme eligibility clarified: pre-existing show-cause notices with small pending service tax arrears covered.
    The Dispute Resolution Scheme, 2008 applies where a show cause notice was issued on or before the cut-off and the pending service tax arrear in the case, as on that cut-off date, is within the prescribed threshold; the Scheme is applied according to the pending position as on the cut-off date, and it also covers show cause notices issued only for imposition of penalty where no service tax amount is outstanding.
    Service Tax - GTA- Certain further clarification in respect to clarification issued vide Circular No. 5/1//2007-ST, dated 12.03.2007 regarding exemption under notification No. 32/2004-ST dated 03.12.2004-reg
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    Abatement eligibility for reverse-charge payers: past taxpayers may claim benefit on production of GTA non availment declaration.
    Persons who pay service tax under the reverse charge mechanism may claim the 75% abatement only if they satisfy non availment of CENVAT credit and non availment of benefit of notification No. 12/2003 ST; a declaration from the GTA affirming non availment of credit or notification benefit on the consignment note suffices, and for periods before such endorsements were common a general declaration from the GTA may be accepted retrospectively to decide pending cases.
    Payment of service tax by CISF on taxable services provided -reg
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    Service tax liability: service providers must remit tax on taxable services rather than shifting payment to recipients.
    CISF, as the service provider, must remit service tax on taxable services rather than shifting liability to recipients; remittance is due for monthly receipts by the following-month due date, returns are filed semi annually, registration may be at single or multiple locations, and paid service tax is available as input credit. CISF should take steps to discharge its tax liability and may seek guidance from the Commissioner of Service Tax, Delhi.

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      Payment of service tax by CISF on taxable services provided -reg

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      Service tax liability: service providers must remit tax on taxable services rather than shifting payment to recipients.
      CISF, as the service provider, must remit service tax on taxable services rather than shifting liability to recipients; remittance is due for monthly ... Summary

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