Assignment of right to use any natural resource where such right to use was assigned by the Government or the local authority before the 1st April, 2016
Exempted Services
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Assignment of natural resource use exemption limits service tax to one time charges and clarifies point of taxation. Assignment of the right to use a natural resource assigned by Government or a local authority before 1 April 2016 is exempt from service tax only in respect of the one time charge (paid upfront or in installments); periodic payments remain taxable. The point of taxation is the earlier of payment becoming due as shown in the Government/local authority demand document or payment made, interest on deferred payments is includible in value, and CENVAT credit of service tax on the one time charge may be availed evenly over three years with specified documentary provisions for credit.
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.
Assignment of natural resource use exemption limits service tax to one time charges and clarifies point of taxation.
Assignment of the right to use a natural resource assigned by Government or a local authority before 1 April 2016 is exempt from service tax only in respect of the one time charge (paid upfront or in installments); periodic payments remain taxable. The point of taxation is the earlier of payment becoming due as shown in the Government/local authority demand document or payment made, interest on deferred payments is includible in value, and CENVAT credit of service tax on the one time charge may be availed evenly over three years with specified documentary provisions for credit.
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