Issues related to levy of service tax on the services provided by a person located in non-taxable territory to a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India to the customs station in India
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Levy of service tax on foreign-to-foreign vessel transport: Indian importer designated liable to pay tax on customs value. Notification withdraws exemption for sea-transport services provided by persons in non-taxable territories to persons in non-taxable territories up to Indian customs clearance; the Indian person who effects customs compliance is liable to pay service tax. Foreign shipping lines cannot meet the conditional exemption tied to non-availability of Cenvat credit because their services are zero-rated abroad and they are not registered under Cenvat Credit Rules, so tax applies on the full service value with the prescribed customs-value-based payment option and applicable ancillary cesses.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Levy of service tax on foreign-to-foreign vessel transport: Indian importer designated liable to pay tax on customs value.
Notification withdraws exemption for sea-transport services provided by persons in non-taxable territories to persons in non-taxable territories up to Indian customs clearance; the Indian person who effects customs compliance is liable to pay service tax. Foreign shipping lines cannot meet the conditional exemption tied to non-availability of Cenvat credit because their services are zero-rated abroad and they are not registered under Cenvat Credit Rules, so tax applies on the full service value with the prescribed customs-value-based payment option and applicable ancillary cesses.
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