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Circulars
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Accounting Code for payment of service tax under the Negative List approach to taxation of services, with effect from the first day of July 2012 - regarding.
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Accounting codes for service tax updated under the Negative List approach, consolidating taxable services and specifying collection and penalty heads.
A new Minor Head 'All Taxable Services' under Major Head 0044 Service Tax was instituted from 1 July 2012 to consolidate accounting for service tax under the Negative List approach, with distinct sub heads and codes for tax collection, other receipts, penalties and deduct refunds. Service specific codes remain for prior periods; education cesses are to be booked under specified cess heads; other receipts covers interest; penalty has a separate sub head; and deduct refunds is reserved for Revenue/Commissionerates to allow refunds.
New Accounting Code for the purpose of Accounting of collection of Service Tax
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Service Tax accounting code consolidated into single Minor Head; new sub heads for collections, receipts, refunds, penalties.
All Service Tax collections are to be accounted under a consolidated Minor Head under Major Head 0044 with prescribed sub heads for Tax Collection, Other Receipts (for interest etc.), Deduct Refunds (for departmental refund adjustment) and Penalties; education cesses are to be booked to specified separate heads. Service specific minor heads may operate for past periods during the transitional window, after which arrears will be accounted under the new consolidated code.
D.O. letter dated 29-06-2012 by Joint Secretary (TRU-II).
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Negative list implementation introduces comprehensive service tax regime changes and guidance for coordinated transitional implementation and stakeholder training.
Implementation of the Negative List regime from July 1, 2012 restructures the service tax framework with comprehensive changes to exemptions, Place of Provision Rules, Service Tax Rules and Cenvat Credit Rules, validation and revision of specific notifications on refunds and commission agent services, and transitional measures for existing notifications. A Removal of Difficulties Order addresses references to re enacted charging provisions, prior Board circulars inconsistent with the revised law are superseded, and operational guidance including an Educational Guide, seminars, officer training and coordinated identification of services to be taxed is mandated for smooth implementation.
Applicability of provisions of the Finance Act, 2004 relating to education cess and the Finance Act, 2007 relating to secondary and higher education cess– regarding.
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Construction of references to repealed tax provisions: references to section 66 read as section 66B, affirmed by Removal of Difficulties Order.
References in the Finance Acts to the repealed provision section 66 of the Finance Act, 1994 are to be construed as references to the re enacted provision section 66B under the General Clauses Act, 1897, and this construction has been formalised by Removal of Difficulties Order No. 2/2012 dated 29.06.2012; field formations and assessees are to be notified by Public Notice/Trade Notice for service tax administration.
Levy of Service Tax on Transportation of Goods by Rail
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Service tax on rail freight: implementation guidance-abatement on freight, collection at RR, registration and accounting requirements.
Service tax on transportation of goods by rail will be applied to a percentage of total freight after statutory abatement; specified commodities are exempt. Zonal FA&CAOs must obtain registration, collect tax at RR preparation or delivery for to pay RRs, and ensure separate display and accounting of service tax, education cess and higher education cess in TMS/FOIS or manually until software is updated. Stations must submit monthly customerwise statements and consolidated certificates on request; railways will not refund collected tax and customers must approach tax authorities for refunds on freight adjustments.
Audit fees collected by the Comptroller and Auditor General (CAG) – regarding.
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Service tax on audit fees: CAG audit services are not covered as practicing chartered accountancy or business support services.
The circular concludes that audit fees collected by the Comptroller and Auditor General are not subject to service tax because the CAG is a constitutional authority and not a "concern" within the definition of practicing chartered accountant, its audit functions exceed ordinary chartered accountancy services performed under the Chartered Accountants Act, and such audits are statutory duties rather than outsourced business support services within the taxable Business Support Services head.
The new scheme of levy (commonly known as the negative list based levy) w.e.f. 01-07-2012
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Negative list based levy introduced; service tax regime revised after enactment and issuance of implementing notifications.
The notice announces the introduction of a negative list based levy for service tax pursuant to the Finance Act 2012, states that the Central Government has appointed a commencement date for the new levy scheme, notes issuance of multiple implementing notifications, and requests trade associations to publicise the contents and enclosed enactment provisions and notifications.
Constitution of Regional Advisory Committee (Organised, Small Scale & Service Tax sectors) of Cochin Central Excise Zone for the year 2012-13
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Constitution of Regional Advisory Committee establishes an advisory forum for procedural issues and quarterly meetings.
Constitution of a Regional Advisory Committee for Organised, Small Scale and Service Tax sectors sets out membership from industry, chambers and export promotion bodies, leadership by the Chief Commissioner as Ex Officio Chairman, a named Vice Chairman and the Additional Commissioner (CCO) as Ex Officio Secretary. The Committee's remit is purely advisory to resolve procedural difficulties of a general nature while excluding individual judicial or semi judicial cases. Members serve two year terms, meet quarterly, must ensure attendance or face withdrawal after three unexcused absences, and follow prescribed TA/DA, venue, filing and correspondence procedures.
Electronic refund of service tax paid on taxable services used for exports of goods
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Service tax refund scheme review seeks revised refund rates and stakeholder consultation to adapt to rate change and taxation approach.
A committee led by the Director General of Service Tax will review the electronic refund scheme for service tax on services used for exports, develop a scientific approach to fixing refund rates, and propose a revised schedule accounting for the service tax rate change and movement to a Negative List approach; it will consult stakeholders and submit a report to the CBEC Chairperson, with suggestions accepted via the provided email.
09 - 11-05-2012 Service Tax
Designation of CPIO in Service tax Commissionerate, New Delhi under RTI Act, 2005.
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Designation of CPIO: Ms. Aruna appointed Assistant Commissioner as CPIO for Service Tax Commissionerate, New Delhi with contact details.
Designation assigns Ms. Aruna, Assistant Commissioner, as Central Public Information Officer (Coordination/Legal/Technical) for Service Tax Commissionerate (HQ), New Delhi, with office address and telephone numbers published and effective immediately to fulfil Right to Information Act obligations within the Commissionerate's territorial jurisdiction.
Clarification on Rate of Tax - regarding.
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Service tax rate restored; payments made on or after the effective date determine the applicable tax rate.
Clarification states that the service tax rate applicable is the rate prevailing on the date the point of taxation occurs; for the eight specified services under Rule 7 and for services on which tax is payable under the reverse charge mechanism the point of taxation is the date of payment. Payments received or made on or after the effective date attract the restored rate. Invoices issued before the effective date may be supplemented to recover the differential, and Cenvat credit may be availed on supplementary invoices and tax payment challans subject to Cenvat Credit Rules, 2004.
Services provided by the Agricultural Produce Marketing Committee (APMC) /Board-- regarding.
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Business Auxiliary Service: APMC market fee-funded infrastructure is exempt, while separately charged services remain taxable.
Services financed from the market fee charged by APMCs for providing and maintaining market infrastructure are statutory, non-contractual facilities for all market users and do not amount to outsourced Business Support Services; such services qualify as Business Auxiliary Service and are covered by the service tax exemption for auxiliary agricultural services, whereas separately charged services remain taxable under their respective service heads.
Procedure & documents required in respect of Single/Centralised Registration under Rule 4 of Service Tax Rules,1994
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Centralised registration for service tax requires online ST 1, notarized affidavit, annexures, and surrender of branch ST 2 registrations.
A service provider seeking Centralised Registration under Rule 4 must file ST 1 online and submit a signed printout with Annexure I documents within 15 days; Annexure II must list branches and disclose pending SCNs, appeals, audits and CENVAT balances. Applicants must provide a notarized affidavit certifying centralized accounting and an undertaking (Annexure III) to maintain records centrally for five years and to cooperate with audits and inquiries. After grant, surrender of branch ST 2 certificates within two months and notification of branch CENVAT balances within 15 days are required; statutory compliance continues with existing jurisdictions until grant.
Clarification on Point of Taxtion Rules, -regarding.
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Point of Taxation: deferral of service tax until receipt for eligible small providers; prior invoices governed by old rule
The amendment to the Point of Taxation Rules effective 1 April 2012 allows individuals, proprietors and partnership firms providing the specified services to defer service tax payment until receipt of payment where their turnover of taxable services in the previous financial year does not exceed the specified threshold; invoices issued on or before 31 March 2012 remain governed by the former Rule 7, making the date of receipt of payment the point of taxation for those invoices.
Re-organization of the work relating to Service Tax – Reg
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Service Tax registration reorganisation centralises issuance and ST-3 filing under a Headquarters Service Tax Cell for specified divisions.
Service Tax administration for Aurangabad Divisions I, II and III is consolidated into a Headquarters Service Tax Cell entrusted with issuance, amendment and allotment of registrations including Centralised Registration under ACES, using group-wise alphabetical allocations and specified ACES location codes; assessees in these divisions must now file ST-3 returns and seek registration services at the Headquarters Cell, while Ahmednagar and Nanded Divisions retain their existing local administration; surveys remain the responsibility of the respective Range and Service Tax Cell.
Meaning of the expression ‘gross amount’ appearing in Rule 3(1) of the Works Contract (Composition Scheme for payment of Service Tax) Rules, 2007, as it stood prior to 07th day of July 2009 – regarding.
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Inclusion of free of cost supplies in gross amount clarified as applying prospectively, with transitional exclusions for pre existing contracts.
The Explanation inserted in Rule 3(1) makes inclusion of free of cost goods and services in the gross amount a legal requirement only prospectively from its insertion; however, the Explanation's proviso excludes works contracts whose execution began or for which any payment (other than by credit or debit) was made before the Explanation took effect, in which cases the gross amount does not include the value of free of cost supplies.
Revised format for Excise and Service Tax Return- regarding
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Return harmonization: single EST Return proposed with aligned payment-return cycles and detailed CENVAT reporting requirements.
The draft proposes a consolidated EST Return to replace ER-1, ER-3 and ST-3, seeking to align return filing with payment cycles. For Service Tax, filing/payment frequency is to be determined by prior-year payment levels (including CENVAT utilization): lower-volume and new assessees on quarterly cycles, higher-volume assessees on monthly cycles. The annexed format prescribes fields for CETSH classification, exemptions, effective rates, taxable values, detailed CENVAT credit registers and challan-level payment details, with procedural instructions on separate rows/returns, provisional assessments, exports under bond and other duty/cess entries.
Service tax paid on taxable services used for export of goods at the post-manufacture stage — electronic refund through the Indian Customs EDI System -- Notification 52/2011-ST – review -- regarding.
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Electronic refund of service tax reviewed; committee to revise refund rate schedule reflecting recent tax rate change and policy shift.
A Committee is constituted to review the electronic refund scheme for service tax on services used in export of goods at the post-manufacture stage, tasked to develop a scientific approach for fixation of rates in the schedule of refund rates and to propose a revised schedule in light of the recent service tax rate change and the shift toward a Negative List approach; the Committee may consult field formations and industry stakeholders and must submit its report to the Chairman, CBEC by 20 June 2012, with stakeholder feedback invited via a designated e-mail.
Clarification on Point of Taxation Rules - regarding.
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Point of Taxation rules fix service tax on airline tickets by earlier of payment or invoice date, treating agent receipts as principal.
The Circular applies the Point of Taxation Rules to airline ticketing: the tax point is the earlier of payment receipt or invoice issuance, so tickets issued before the rate change but paid for before that date attract the prior rate. Payments received by agents are treated as payments to the airline principal where a principal-agent relationship exists, and any excess tax collected and not refunded must be remitted to government under the statutory recovery mechanism.
Harmonisation of Service Tax and Central Excise Registration.
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Harmonisation of registration: common application, ACES automation, and regulated surrender or cancellation procedures.
Harmonisation prescribes a common application and documentary requirements for Central Excise and Service Tax registration, automates issuance via ACES, requires separate applications per premise with an option for centralized registration for service taxpayers, mandates notification of changes on ACES within thirty days, and makes registration permanent until surrendered or cancelled; cancellation follows natural justice, may be initiated for prolonged non-filing, requires verification of dues, is non punitive, and cancelled registrations will be published.

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