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EXPLANATORY NOTES - SERVICE TAX-BUDGET 2007
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Service tax threshold increase and scope expansion broaden taxable services and clarify credit and registration rules.
A cess on service tax is introduced with input credit for cess; the Finance Bill widens taxable services to include telecommunication, mining, commercial immovable property renting, works contract service components, content development for telecom, asset and fund management, and broader design services, consolidates telecommunication subcategories into a single definition, and clarifies or renames numerous existing service categories while adding definitions for key terms.
All Industry Rates of Duty Drawback, 2007-08
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Duty Drawback Rate Revision seeks industry input on input consumption, duties and service tax for annual rate recalculation.
The Department requests industry submissions to revise All Industry Rates of Duty Drawback for 2007-08 by providing detailed proformas that itemise input materials (domestic and imported), quantities used, excise and customs duties paid, domestic and export sales and FOB realisations, company cost sheets, and a company-level service tax break up; entries must be relatable to actual export activity and auditor-certified where specified, and must be furnished by the prescribed deadline to the stated e-mail.
Changes are being proposed in a number of provisions of the Finance Act, 1994, Service Tax Rules, 1994, CENVAT Credit Rules, 2004 and Export of Services Rules, 2005
Show AI Summary
Widening of service tax base expands taxable services and adjusts thresholds, definitions, exemptions and compliance rules.
The Finance Bill expands the service tax base and adjusts thresholds: it raises exemption and registration limits for small providers, consolidates and newly specifies taxable services-notably telecommunication, mining, renting of immovable property for business, works contract services (with valuation rules and optional composition), content development for telecom/advertising/internet, non-banking asset/fund management, and design services-and amends definitions, exclusions and procedural rules. New targeted exemptions (RWAs, incubators/incubatees, CRO clinical trials, and digital cinema delivery) and amendments to CENVAT, export rules, registration, return revision and reverse-charge mechanisms are also provided.
Salient features of changes in excise and customs duties
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Education cess expanded to fund secondary and higher education, added to customs, excise and service tax collections.
A new Secondary and Higher Education Cess is imposed on the aggregate duties of customs, excise and service tax with calculation methodology aligned to the existing education cess and limited CENVAT credit allowed for inputs and capital goods. Customs and excise schedules are revised: export duties on specified ores are introduced; peak customs rates and numerous sectoral tariffs are adjusted; targeted exemptions and withdrawals are prescribed. Central excise introduces exemptions, reduced and restructured rates, RSP based assessment extension to specified electronic items, changes to cement taxation, and amendments to valuation and CENVAT rules, while settlement, refund and procedural provisions are tightened and reporting requirements to monitor revenue and price behaviour are mandated.
Procedure for export of Dollar Gram(Chana) notified in the Public Notice No. 86(RE-2006)/2004-2009 dated 27.2.2007
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Regional Licensing Authority permissions for Dollar Gram exports expanded to include additional offices, subject to central quantitative ceiling.
The procedure for Dollar Gram (Chana) export is amended under the Foreign Trade Policy, Paragraph 2.4: Regional Licensing Authorities at Bhopal, Delhi, Hyderabad and Mumbai will issue necessary permissions, replacing the prior limitation to two offices, with all permissions remaining subject to the quantitative ceiling to be communicated by the headquarters.
Requirement of filing declaration by the producers/manufacturers of hand made unbranded biris (other than paper rolled biris)-reg
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Declaration requirement for manufacturers of handmade unbranded biris secures excise exemption; undeclared products remain dutiable.
Manufacturers of handmade unbranded biris (other than paper rolled) must file an annual declaration to claim an excise duty exemption; the declaration must include name, address, manufacturing process, prior year quantity, and job worker details in the prescribed format. Excise remains payable on branded biris and on unbranded biris not covered by the declaration. Only final packing/manufacturing principals must file; job workers on a job work basis are excluded. Verification visits are not to be made solely because a declaration was filed, though the Commissioner may authorize inquiry on credible intelligence of false declarations.
Introduction of Finance Bill 2007 : Major changes in Customs & Central Excise Duties : Regarding
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Secondary and Higher Education Cess introduced; customs and excise tariffs restructured and CENVAT credit rules amended.
A 1% Secondary and Higher Education Cess is levied on aggregate customs, excise and service tax duties with specified exclusions and CENVAT creditability; major customs tariff reductions, sectoral duty adjustments, and targeted export duties are announced; central excise measures include new exemptions, revised rates, RSP based assessment expansion, dual cement rates and increased SSI threshold; procedural amendments revise valuation (transaction value basis), refund relevant dates, Settlement Commission eligibility and timelines, CENVAT credit conditions and job work valuation, with specified effective and transitional provisions.
Liberalisation of Export and Import procedures
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Extension of time for realisation of export proceeds: authorised bank extensions permitted subject to prescribed conditions.
AD Category I banks are authorised to extend time for realisation of export proceeds up to six months at a time irrespective of invoice value, subject to conditions including no investigation, bank satisfaction on justifications, exporter declaration, and aggregate outstanding limits when extensions exceed one year; Status Holder exporters' write off entitlement is consolidated to the higher of two prescribed percentage measures; mandatory repatriation of a fixed share of on site software contract receipts is removed while profits must be repatriated after completion; invoice value reductions up to twenty five percent are permitted and credit report requirements for certain low value import documents are relaxed, with financial year adopted as uniform time base.
Procedure for export of Dollar Gram(Chana) consequent upon issue of Notification No. 48(RE-06)/2004-2009 dated 20.2.2007
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Export permissions for Dollar Gram(Chana) limited to RLA issuance subject to centrally notified quantitative ceilings.
Regional Licensing Authorities in Bhopal, Delhi, Hyderabad and Mumbai are to issue export permissions for Dollar Gram(Chana) subject to the quantitative ceiling communicated by DGFT Headquarters under the powers of Paragraph 2.4 of the Foreign Trade Policy.
06/2007 - 27-02-2007 Central Excise
Information about the functioning of the Authority of Advance Rulings (Central Excise, Customs and Service Tax) – reg.
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Advance Rulings authority issues binding determinations on central excise, customs and service tax providing legal certainty to taxpayers.
The Authority for Advance Rulings, a high level quasi judicial body headed by a retired Supreme Court judge, is empowered to issue binding rulings on specified questions under Central Excise, Customs and Service Tax law; statutory provisions, procedures, regulations and rulings are available on the Authority's website and trade and industry are advised to consult that site to familiarise themselves with the Advance Rulings scheme.
E-filing of ER-1, ER-2 and ER-3 Returns
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Mandatory electronic filing of excise returns requires all registered manufacturers to submit ER returns via online or offline systems.
All registered manufacturers and EOUs must file ER-1, ER-2 and ER-3 returns electronically from the return period for March 2007 onwards. Units must obtain departmental passwords and may use either on-line filing via the department website (requiring high-speed Internet) or off-line filing using free NIC-developed software that permits upload over a simple dial-up connection. Software and password application forms are available from Range Offices or the department website, and support is provided through training sessions, Service Centres, Range Office computers and a call centre.
Issuance of summons in service tax matters - Regarding
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Summons in service tax matters should be exceptional, authorized and accompanied by written reasons and safeguards.
Issuance of summons in service tax matters is limited: routine information requests should be by telephone or letter; summons only when those means fail, revenue is jeopardized, or personal presence is essential. Prior written permission of an officer not below Deputy Commissioner is required with reasons recorded; if impracticable, oral permission must be reduced to writing promptly. The issuing officer must report proceedings and the authorizing officer must ensure no harassment occurred. Non-compliance will be viewed seriously.
Amendments in Appendix 2, 4B & 4C of the Handbook of Procedures Vol.I, 2004-2009
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Amendment to trade procedures: updated authorised agency address for issuing Certificates of Origin, including SAPTA/APTA and non-preferential lists.
Amendments revise the Handbook of Procedures (Vol. I) to update the registered office and Northern Region office contact details for the Export Promotion Council entry, and to record the Federation of Indian Export Organisations as an authorised issuer of Certificates of Origin for SAPTA/APTA and Non Preferential Certificates of Origin for Delhi. These changes supply corrected addresses, telephone/fax numbers, website and email, and are issued in the public interest under powers conferred by the Foreign Trade Policy.
Additional Reporting along with Monthly Cumulative Report (MCR)
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Overseas investment reporting requirement: mutual funds must include ADR/GDR, foreign securities and overseas ETF details with monthly MCR.
Mutual funds must furnish an additional report with the Monthly Cumulative Report capturing investments in ADRs/GDRs, foreign securities and overseas Exchange Traded Funds (ETFs) in the prescribed format, commencing with the MCR for February 2007, pursuant to the applicable mutual fund regulations.
Revised procedure for Monitoring and handling of Tax Evasion Petitions (TEPs)
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Tax evasion petitions monitoring: centralised registration, categorisation and mandatory timed investigation with documented final reports.
A centralized procedure requires each DIT(Inv.) to operate a Central Registry Unit to register and repository all Tax Evasion Petitions, assign a persistent Unique Identification Number, link related complaints, categorise matters by actionable priority, allocate TEPs to Investigation Units or Assessing Officers, and enforce prescribed investigation, reporting and disposal processes under supervisory controls. Unit heads must assign Investigating Officers, adopt discreet or open enquiry methods, compile final reports with findings and recommendations, and record disposal in the CRU.
Amendments In the Annex to the FDI policy notified vide Press Note 4 (2006 series) dated 10.2.2006
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FDI entry rules updated: telecom infrastructure category clarified, conditional approval thresholds, mandatory post listing divestment and licensing obligations apply.
The amendment classifies ISP without gateway and electronic mail and voice mail separately and adds infrastructure provider Category-I (dark fibre, right of way, duct space, tower), retains an overall FDI cap with automatic entry up to a primary threshold and government approval beyond that threshold, imposes a post listing divestment obligation to transfer specified equity to the Indian public within a fixed period, and maintains applicable licensing and security requirements.
Implementation of Special Economic Zone Act, 2005 and Special Economic Zone Rules, 2006
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Export characterization of DTA supplies to SEZs requires ARE 1/Bill of Export and proof for duty exemption.
Procurement from DTA by SEZ units and developers is governed by Rule 30 of the SEZ Rules, 2006: movements to SEZ must be on ARE 1 (or ARE 1 plus Bill of Export where entitlements are claimed) and against a general Bond or Letter of Undertaking furnished by the DTA supplier. The Domestic Procurement Certificate requirement is dispensed with. Proof of admittance into the SEZ must be furnished by the authorised customs officer within the prescribed period, failing which duty is to be demanded from the DTA supplier, who remains liable for duty, penalty and interest in cases of loss, diversion or fraudulent proof.
Mandatory e-Payment of Service tax by large taxpayers : Proposed interim Accounting arrangement for e-Payment collection- reg.
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Mandatory electronic payment of service tax - designated bank approved to collect e-payments for all service tax commissionerates.
Mandatory electronic payment of service tax by large taxpayers is implemented with an interim accounting arrangement: a designated bank has been approved to collect indirect taxes electronically and is authorized to accept e-payments for all Service Tax Commissionerates, creating a centralized e-payment collection channel and corresponding interim accounting procedures; trade associations are asked to publicize the facility to their members.
Exemption from customs duty under Section 25(2) of the Customs Act, 1962 and guidelines thereof under Circular No. 49/2003 dated 10.06.2003 - Import by Government bodies
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Customs duty exemption for government imports clarified; follow circular guidelines and report implementation difficulties.
The notice reiterates that government imports qualify for a customs duty exemption under the Customs Act subject to the procedural conditions and documentation set out in the referenced circulars; importers and intermediaries must apply the circular's instructions and report any implementation difficulties to the customs commissioner while trade associations and agents are required to disseminate the guidance among their members.
Valuation of MS and HSD sold amongst OMCs - MOU -regarding
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Transaction value under Section 4: MOU prices between oil companies treated as arms length for excise valuation.
Inter PSU transfers of motor spirit and high speed diesel executed under mutually agreed MOUs are to be valued for central excise on the basis of the MOU price, which represents the transaction value under Section 4; pending and future assessments should follow the Tribunal ruling upholding MOU prices, subject to verification of the factual matrix of each case.

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Processing of refund applications filed by Canteen Stores Department (CSD).

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Refund entitlement for CSD: invoice-based GST refund procedure and inter-authority payment coordination instituted.
CSD refunds are invoice-based entitlements of fifty per cent of tax on inward supplies made subsequently to unit run canteens or authorized customers and ... Summary

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Acts Income Tax