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Amends point of taxation rules, 2011, to expand the services on which service tax to be paid on receipt basis - Consulting Engineer
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Point of Taxation rules expanded to treat consulting engineer services as taxable on receipt basis altering tax payment timing.
The Point of Taxation Rules, 2011 are amended by inserting a bracketed letter "(g)" before "(p)" in Rule 7(c) to expand services taxable on a receipt basis, specifically covering consulting engineer services; the amendment is notified under the Finance Act and takes effect from the first day of July, 2011.
Amends Notification No. 09/2010-Service Tax - Amends Notification No. 1/2006-Service Tax, dated the 1st March, 2006 – Abatement of 70% in case of transport of goods by rail.
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Service tax abatement extension: deadline for rail transport abatement moved to January, extending relief applicability.
The notification amends paragraph 3 of Notification No.09/2010-Service Tax by substituting the date originally stated as July 2011 with January 2012, thereby extending the period during which the abatement for carriage of goods by rail remains available. The amendment is effected under section 93(1) of the Finance Act, 1994 and issued as Notification No.40/2011-Service Tax dated 14th June, 2011, without changing the substantive terms of the principal notification.
Amends Notification No. 08/2010-Service Tax - Exempts services provided in relation to transport of goods by rails for specified goods.
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Service tax exemption for transport of goods by rail deferred, extending the commencement date from July to January.
Amendment to Notification No.08/2010-Service Tax substitutes the word and figures 'July, 2011' in paragraph 2 with 'January, 2012', thereby deferring the commencement date for the exemption applicable to services related to transport of goods by rail for specified goods, as effected by Notification No.39/2011-Service Tax.
Amends Notification No. 07/2010-Service Tax - Exempts Transport of goods in containers by rail.
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Service tax amendment delays effective date for specified exemption by substituting the earlier month with a later month.
Amends Notification No.07/2010-Service Tax by substituting in paragraph 2 the word and figures 'July, 2011' with the word and figures 'January, 2012', effected by Notification No.38/2011-Service Tax dated 14th June, 2011 under powers of the Finance Act.
Appoints the 1st day of May 2011 as the day for Finance Act, 2011 ( 8 of 2011) to come into force
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Commencement of Finance Act designated; corrigendum corrects a misprinted section reference to section seventy-four in prior notification.
Designates the commencement date for the Finance Act, 2011 as the first day of May, 2011 and issues a corrigendum to replace the erroneous reference to section 71 with section 74 in the Service Tax notification published on 25th April, 2011 in the Gazette of India.
Amends Service Tax Rules, 1994
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Correction to Service Tax notification references updates the prior notification citation for the Service Tax rules.
Amends Service Tax Rules, 1994 by corrigendum correcting a citation in the notification dated the 25th April 2011: the note which had referred to "notification No.25/2011-Service Tax, dated the 31st March, 2011, vide number G.S.R.184(E)" shall be read as referring to "notification No.26/2011-Service Tax, dated the 31st March, 2011, vide number G.S.R.284(E)".
Amends Taxation of Services (Provided from Outside India and Received in India) Rules, 2006
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Amendment to Taxation of Services rules adds additional service entries to clause (i), expanding taxable inbound services.
The Third Amendment substitutes in rule 3, clause (i) of the Taxation of Services (Provided from Outside India and Received in India) Rules, 2006 the bracketed references "(zzzzm) and (zzzzu)" with "(zzzzm), (zzzzu), (zzzzv) and (zzzzw)", thereby adding two additional specified service entries; the amendment is effective 1 May 2011.
Amends Export of Services Rules, 2005
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Amendment to Export of Services Rules expands specified clause list, altering scope of eligible services.
Amendment to the Export of Services Rules, 2005 substitutes the bracketed letters and words in rule 3(1)(i), expanding the referenced list from "(zzzzm) and (zzzzu)" to "(zzzzm), (zzzzu), (zzzzv) and (zzzzw)"; promulgated as the Export of Services (Third Amendment) Rules, 2011, under powers of the Finance Act with commencement on 1st May, 2011.
Amends Service Tax Rules, 1994
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Tax option for life insurers allows payment on disclosed investment-adjusted premium or a fixed percentage when not disclosed.
Insurers carrying on life insurance business may elect an option to pay tax either on gross premium reduced by amounts allocated for investment or savings when such allocations are disclosed to the policy holder at the time of service, or otherwise by paying a prescribed fixed percentage of the gross premium; this option replaces charging service tax at the general rate and is not available where the entire premium is only towards risk cover in life insurance.
Further amendments in Notification No. 1/2006-Service Tax, dated the 1st March, 2006
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Service tax on hospitality services: AC restaurants serving alcohol and short-stay accommodation now taxable under amended notification.
Amendment adds two entries to Notification No.1/2006-Service Tax, effective 1 May 2011: service tax applies to restaurants with any air-conditioned area and a licence to serve alcoholic beverages for on-premises serving of food or beverages; and to hotels, inns, guest houses, clubs or campsites for accommodation provided for continuous periods of less than three months. Both entries are inserted into the Table of the principal notification.
Exempts to preschool coaching / training and recognized courses from service tax on commercial coaching or training centre
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Service tax exemption for preschool and recognised training removes liability where courses are provided by commercial coaching centres.
Exempts preschool coaching and coaching or training that leads to a certificate, diploma, degree or other educational qualification recognised by law from the whole of service tax when provided by commercial coaching or training centres; the exemption operated from the notified commencement date and was later rescinded by a subsequent notification.
Rescinds Notification No.25/2006-Service Tax, dated the 13th July, 2006
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Rescission of notification withdraws prior service tax rule while preserving actions taken before its repeal.
The Central Government, acting in the public interest under powers conferred by the Finance Act, rescinds the earlier service tax notification of 2006 and includes a savings clause preserving validity of acts or omissions prior to the rescission; the rescission takes effect from the specified commencement date, thereby withdrawing the prior notification's prospective application.
Exempts accommodation from service tax where declared tariff is less than Rs. 1000 per day
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Accommodation service tax exemption applies when declared tariff for a unit of accommodation falls below specified threshold.
The Central Government exempts the taxable accommodation service under sub-clause (zzzzw) of clause (105) of section 65 from service tax under section 66 when the declared tariff is less than rupees 1000 per day, effective 1 May 2011 and later rescinded; "declared tariff" includes charges for all amenities provided in the unit (such as furniture, air-conditioner, refrigerator) but excludes discounts on published charges.
Exempts services provided by Clinical Estabilshments
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Service tax exemption for clinical establishments removes levy on the specified taxable service under the Finance Act.
The Central Government exempted the taxable service provided by clinical establishments, relieving that specified taxable service from the whole of service tax leviable under the Finance Act, effective from the stated commencement date; that exemption was subsequently rescinded by a later notification.
Appoints the 1st day of May 2011 as the day for Finance Act, 2011 (8 of 2011) to come into force
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Commencement of Finance Act appointment brings the Act into force from the notified date by government notification under section 74.
The Central Government, invoking its statutory commencement powers, notifies the specific day on which the Finance Act shall come into force, formalised by Gazette publication and followed by a corrigendum correcting the original notification.
Corrigendum to notification nno. 25/2011 ST – Regarding amendment in point of taxation rules, 2011
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Point of Taxation Rules amendment replaces 'this sub-rule' with 'these rules', clarifying the rule wording.
Corrigendum amends the Point of Taxation Rules, 2011 by directing that in rule 9 the phrase "this sub-rule" shall be read as "these rules", changing the referential scope of that provision and correcting the wording of notification No. 25/2011-Service Tax.
Telecommunication Service, and Works contract Service, have been specified as Continuous Service for the purpose of POT (point of taxation Rules, 2011)
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Continuous supply classification of telecommunication and works-contract service portions alters point-of-taxation treatment under service tax rules.
Telecommunication service and the service portion in execution of a works contract are notified to be treated as continuous supply for purposes of the Point of Taxation Rules, 2011, thereby fixing the point-of-taxation treatment for these taxable services under the Finance Act and the said rules.
Amendment in the notification no. 19/2009-Service Tax, dated the 7th July, 2009
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Service tax coverage expanded to include any bank, including foreign banks, and money changers for taxable transactions.
The notification substitutes the phrase "a Scheduled bank, by any other Scheduled bank" with "any bank, including a bank located outside India, or money changer, by any other bank or money changer," thereby extending the notification's coverage to include non-scheduled and foreign banks and money changers; the amendment takes effect on 1 April 2011 under powers conferred by the Finance Act.
Amendment in the Service Tax Rules, 1994.
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Service tax invoicing: continuous supplies must prompt invoices upon completion of contractual payment events; exchange fee tiers added.
Amendment effective 1 April 2011: rule 4A replaces "provision of" with completion of and mandates that for continuous services providers must issue invoices within fourteen days after each contract event obliging payment. Rule 6 clarifies treatment where invoice amounts are renegotiated for deficient services or contractual terms, requires refunds where applicable, and revises sub rule 7B to a tiered currency exchange fee structure with an annual, irrevocable option for the service provider.
Amendment in the Point of Taxation Rules, 2011.
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Point of Taxation timing revised: invoice issuance, receipt of payment or advances determine service tax liability with transitional rules.
Amendments to the Point of Taxation Rules, 2011 define the point of taxation as the time of invoicing or, if no invoice is issued within fourteen days of completion, the date of completion; payments or advances received before invoicing fix the point of taxation on receipt. Continuous supply rules mirror this approach, with contractual events deemed completion dates. The phrase "change in effective rate of tax" replaces prior terminology and includes changes in the taxable portion of value. Specified services and persons have payment-based tax points subject to stated exceptions and transitional provisions exclude completed services and pre-existing invoices.

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