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Taxation of Services (Provided from Outside India and Received in India) (Amendment) Rules, 2008
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Cross-border digital services tied to India-located goods or property are treated as performed in India for service tax purposes.
Services provided from outside India via the internet or any electronic network that are provided in relation to goods, material or immovable property situated in India at the time of provision shall be treated as taxable service performed in India, whether or not performed in India, for services falling under sub clauses (zzg), (zzh) and (zzi) of clause (105) of section 65.
Export of Services (Amendment) Rules, 2008
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Export of services classification extended to electronically delivered services tied to goods or property situated outside India.
Where services under sub-clauses (zzg), (zzh) and (zzi) of clause (105) of section 65 provided through internet or an electronic network relate to goods, material or immovable property situated outside India at the time of provision, such services shall be treated as taxable service performed outside India irrespective of where they are performed.
Service Tax (Amendment) Rules, 2008 - Self Adjustment of Advance Service Tax, Period of revised return and reduction of penalty for non filing of NIL return
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Advance Service Tax payment permitted with required intimation and adjustment; revision period extended and penalty relief for nil returns.
The Amendment permits voluntary advance payment of service tax and adjustment against subsequent liabilities; payers must intimate the jurisdictional Superintendent within fifteen days and disclose advances and adjustments in the subsequent return under section 70. It raises the monetary threshold in rule 6(4B)(iii), extends the revised return period under rule 7B to ninety days, and authorises reduction or waiver of penalty under rule 7C where gross service tax payable is nil and sufficient reason exists for non-filing.
Amendment in Notification No. 41/2007 dated 6/10/2007 - Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods)
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Export-related service exemptions: courier and transport services exempt when documentary evidence links service use directly to export shipments.
The amendment exempts courier and specified transport services received by exporters when used for export of goods, subject to documentary and linkage conditions: courier receipts must specify the exporter's IEC, export invoice number, nature and destination of the courier and recipient details and exporters must produce evidence linking the service to export; transport services must move goods directly from place of removal to the inland container depot, port or airport identified on the exporter's invoice, with corresponding details on lorry receipt and shipping bill and a declaration in the refund claim about non export use.
Appeals to appellate Tribunal - Constitution of committee of chief commissioners for specified areas under section 86(1A) for the areas of Commissioners of Central Excise (Appeals) - LTU - Chennai
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Constitution of committee under section 86(1A) for appellate areas; LTU Chennai commissioners added to the notification table.
The Central Board of Excise & Customs amends a prior service tax notification to insert entries designating the Commissioner of Central Excise and Service Tax, Large Tax Payers Unit, Chennai; the Commissioner of Central Excise (Appeals), Large Tax Payers Unit, Chennai; and the Commissioner of Central Excise Chennai I as the named appellate functionaries for specified areas, thereby fixing appellate responsibility under the existing statutory notification framework.
Appeals to appellate Tribunal - Constitution of committee of chief commissioners for specified areas under section 86(1A) for the areas of Commissioners of Central Excise / Service Tax - LTU - Chennai
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Constitution of appellate committee under section 86(1A) expands chief commissioner representation for service tax appeals.
Amendment under section 86(1A) of the Finance Act, 1994 modifies Notification No. 18/2007-Service Tax by inserting TABLE entries that expand the committee of chief commissioners for appeals to the appellate Tribunal to include the Chief Commissioner of Central Excise and Service Tax (Large Tax Payers Unit), the Commissioner of Central Excise and Service Tax (Large Tax Payers Unit), and the Chief Commissioner of Customs, effected by Notification No. 01/2008-Service Tax.
Amends the Service Tax Rules, 1994 - furnishing of list of records maintained by an assessee and access to the registered premises
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Access to registered premises: authorised officers may inspect and demand records, trial balance and tax audit report promptly.
Every assessee must furnish a duplicate list of records accounting for service transactions (taxable or exempt), input services and payments, inputs and capital goods transactions, other business activities, and other financial records when filing a return for the first time or by the specified deadline. An authorised officer may access registered premises to carry out scrutiny and, on demand, the assessee must provide within a reasonable time not exceeding fifteen working days the records mentioned above, the trial balance or equivalent, and the income-tax audit report under section 44AB for scrutiny.
Review Committees — Constitution of, consisting Commissioners — Notification No. 19/2007-S.T., dated12-5-2007 amended
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Review committee composition amended to substitute commissioner membership, effected under statutory power conferred by section eighty-six.
Amendment to the administrative framework for Review Committees under sub-section (1A) of section 86 of the Finance Act, 1994: Notification No. 44/2007-S.T. substitutes the table entry for Sl. No. 29 in Notification No. 19/2007-Service Tax, revising the designated commissioner posts that constitute the Review Committee at that serial number.
Services in relation to business exhibition of goods by the organiser of business exhibition to a manufacturer of goods falling under Chapters 57, 61, 62 and 63 of the Central Excise Tariff Act, 1985 are exempt from Service Tax.
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Exemption for exhibition services: refund mechanism allows exporters to recover service tax paid on organisers' exhibition services.
Services by organisers for business exhibitions to manufacturers of goods under Chapters 57, 61, 62 and 63 are exempt from service tax provided the manufacturer exported such goods and is registered with an enumerated export council, actually paid the service tax, did not take CENVAT credit, and claims the exemption by refund. The liable service provider must pay the tax; the manufacturer files a quarterly refund claim within sixty days with the relevant Assistant/Deputy Commissioner, supplying proof of payment, and the officer refunds the tax after verifying actual use of the service for exhibition of the specified goods.
Amendment in Notification No. 41/2007 S.T. dated 6/10/2007 ((Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods))
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Export-related service exemption: specialized container cleaning and approved storage exempt when contractual and accreditation conditions are met.
Amendment adds exemptions for export-related services: specialized cleaning of export containers is exempt if the exporter supplies a copy of the written agreement with the buyer requiring such cleaning and the service provider is accredited by the competent statutory authority; storage and warehousing services are exempt when goods are stored in a storage or warehouse approved by the competent authority and the facility is used exclusively for export goods. The notification is effective on publication in the Official Gazette.
Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods
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Service tax exemption for export-related services requires refund claims supported by export proof and no CENVAT credit.
Exempts specified taxable services received by an exporter and used for export of goods from service tax, provided the exporter claims refund of service tax actually paid, no CENVAT credit was taken, and the refund is claimed under this notification. The person liable to pay service tax must discharge tax when supplying such services to an exporter and is not eligible to claim exemption unless also the exporter. Exporters must file quarterly refund claims with the jurisdictional officer, obtain a service tax code if unregistered, and submit evidence of export and payment; refunds are paid after verification and recoverable if sale proceeds are not realised.
Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods
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Refund of service tax: exporters may claim refund for specified export-related services used in export of goods.
Exempts specified taxable services received by an exporter and used for export of goods from service tax, allowing the exporter who has actually paid such tax to claim a refund. Refunds must be claimed quarterly within sixty days of the relevant quarter, filed with the Assistant/Deputy Commissioner of Central Excise with export and tax-payment evidence, and are payable after verification of actual use for export; refunded amounts are recoverable if export proceeds are not realised within the FEMA period.
Amends Service Tax Rules, 1994
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Service tax payment deadlines updated: electronic payments earlier; individuals and firms permitted quarterly timing; year-end liabilities payable by year end.
Service tax is payable to government credit by the 6th day of the month when deposited electronically and by the 5th day in other cases, for payments received in the preceding calendar month; individuals, proprietors and partnership firms apply those deadlines to the quarter following receipt. No service tax is payable for value attributable to services provided during periods when such services were not taxable, and service tax on values received in the month or quarter including the financial year end is payable by the last day of the financial year.
Amendment in notification no. 1/2006 Service Tax dated 1.3.2006 – Effective Rate of Service Tax
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Tour operator services tax treatment clarified; billing and package tour definition determine exemption eligibility by notification amendment
The amendment replaces prior entries to define package tour and to classify tour-operator services into package tours, accommodation-booking-only services, and other tour-related services; applicability of service tax or exemption depends on the invoice/bill indicating that charges are inclusive of tour cost, specify accommodation charges, or state the gross amount for the tour, and exemption does not apply where the invoice only records service charges for arranging or booking accommodation without the accommodation cost.
Amendment in Notification No. 19/2007-Service Tax, 2007 dated 12th May, 2007 (Delegation of authority)
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Delegation of authority for service tax amended to reassign specified commissioner posts covering Raigad and Mumbai zones.
The Board, exercising delegation power under the Finance Act, substituted the Sl. No. 35 entry in Notification No. 19/2007 Service Tax to designate the Commissioner of Central Excise, Raigad and the Commissioner of Central Excise (Service Tax), Mumbai, together with the Commissioner of Central Excise (Appeals), Mumbai Zone II, as the officers to whom specified service tax delegation attaches.
Exempts taxable services provided to diplomatic missions and counsular post
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Diplomatic service exemption corrected-notification numbering amended to reflect exemption provision in Gazette publication officially for clarity.
Corrigendum directs that in Notification No. 33/2007-Service Tax (G.S.R. 386(E)), dated 23rd May, 2007, on page two, line thirty eight, the notation "(i)" be replaced with "(ii)" to correct the internal numbering of the provision concerning exemptions for services provided to diplomatic missions and consular posts.
Roaming service provided to an international in-bound roaming subscriber
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Service tax on international in bound roaming: government directs non collection for prior period due to prevailing practice.
The Central Government directed that service tax payable on roaming services provided by a telegraph authority to an international in bound roaming subscriber, which was not being levied in accordance with a generally prevalent practice, shall not be required to be paid in respect of such roaming service provided during the aforesaid period, exercising powers under section 11C of the Central Excise Act, 1944 read with section 83 of the Finance Act.
Rescinds various Notifications providing exemptions to certain taxable services provided to Diplomatic Missions
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Rescission of service-tax exemptions restores chargeability for services to diplomatic missions while preserving past actions.
The Central Government rescinds specified notifications that had exempted certain taxable services provided to diplomatic missions, withdrawing those exemptions and restoring service-tax chargeability under the Finance Act, while preserving legal effects of actions taken or omissions made before the rescission.
Exempts all taxable services provided for the personal use or for the use of the family members of diplomatic agents or career consular officers posted in a foreign diplomatic mission or consular post in India
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Diplomatic service tax exemption: personal services for diplomats and family exempt when certified and documented under procedures.
All taxable services for personal use of diplomatic agents or career consular officers and their family members are exempt from service tax when the Protocol Division issues a reciprocity-based certificate and an identification card with a unique number; the head of mission furnishes an authenticated certificate and a numbered undertaking referencing that unique number; accounts of undertakings, invoice annotations, and retention of identification, certificate and invoice copies by the service provider are required; withdrawal of certificate or identification card terminates the exemption.
Exempts all taxable services provided for the official use of a foreign diplomatic mission or consular post in India
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Diplomatic mission service tax exemption subject to certification, documented undertaking, invoice notation and retention obligations.
Exempts all taxable services provided for the official use of a foreign diplomatic mission or consular post in India, conditional on a Protocol Division certificate based on reciprocity. The head of mission or authorised person must provide the service provider a duly authenticated copy of that certificate and an original, serially numbered undertaking stating the services are for official purposes; maintain a record of undertakings with provider and invoice details; ensure invoices cite the undertaking serial number and date; and the provider must retain documents for verification. Withdrawal of the certificate terminates the exemption from the date of withdrawal.

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