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Service Tax (Advance Ruling) Rules, 2003
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Advance ruling procedure: Service tax applications must follow prescribed form, signatures, filing copies, fee and certification requirements.
Rules prescribe the procedure for service tax advance rulings: applications must be made in the prescribed Form AAR, signed per applicant class, filed in quadruplicate with the prescribed fee, include specified particulars (applicant details, status, questions of law or fact, statement of relevant facts and applicant's interpretation), be verified and accompanied by annexures, and comply with procedural notes; advance rulings pronounced by the Authority must be signed by Members and certified as true copies by the Commissioner or an authorized officer for transmission to the applicant and the Commissioner of Central Excise.
Exemption to Insurer of Universal Health Insurance Scheme
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Service tax exemption: insurers' taxable services under the Universal Health Insurance Scheme exempted while the exemption remained in force.
Exemption from service tax is granted for taxable services provided by an insurer carrying on General Insurance Business to a policyholder under the Universal Health Insurance Scheme, whereby the Central Government exempts such taxable services from the whole of the service tax leviable under the relevant service tax provisions on grounds of public interest.
Amendments in the Notification No. 17/2002-ST, Dt. 21/11/2002
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Service tax notification amendment replaces Central Excise officer references with Commissioner of Customs or Commissioner of Customs and Central Excise.
The Central Government amends the service tax notification by substituting references to the Chief Commissioner of Central Excise and the Commissioner of Central Excise in conditions (ii) and (iii) with "Commissioner of Customs or the Commissioner of Customs and Central Excise, as the case may be," thereby redirecting the specified administrative authority to customs-related commissioners.
Exemption to mandap keeper providing services for use of precincts of a religious place as mandap
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Service tax exemption for mandap services clarifies tax-free provision of religious precincts for ceremonial use.
The Central Government exempts taxable services provided by a mandap keeper for use of the precincts of a religious place as a mandap from service tax; "religious place" means a place meant for conduct of prayers or worship pertaining to a religion. The exemption was to come into force on the first day of July after notification and was subsequently rescinded by a later notification.
Exemption to business auxiliary services provided by commission Agents in relation to agriculture produce
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Exemption for commission agents from service tax for services relating to agricultural produce, subject to defined processing.
Exemption from service tax is granted for business auxiliary services provided by commission agents in relation to the sale or purchase of agricultural produce under section 66, effective 1 July 2003; "agricultural produce" is defined to include primary cultivation outputs on which only limited processing by the cultivator is done that does not alter essential characteristics and excludes manufactured products. Subsequent notifications substituted wording clarifying the exemption's scope and altered or omitted an earlier definition of "commission agent."
Exemption to goods & materials sold by service sold by service provider to recipient of service
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Exemption for goods and materials supplied with taxable services reduces service tax base when documentary proof exists.
The notification exempts from service tax an amount equal to the value of goods and materials sold by the service provider to the recipient, on condition that there is documentary proof specifically indicating that value. The exemption applies only where no cenvat credit on such goods and materials has been taken, or where such credit was taken, the service provider has paid an amount equal to that credit before the sale.
Exemption to maintenance or repair of any goods or equipment (except motor vehicle)rendered under agreements entered prior to 1/7/2003
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Exemption for maintenance services where billing and payment occurred before the statutory cutoff preserves tax-free treatment.
Exemption applies to the portion of taxable services for maintenance or repair of goods or equipment (excluding motor vehicles) under contracts entered before the statutory cutoff, provided the bill or invoice for that portion is raised and the value is received from the customer prior to the cutoff date; the exemption relieves that portion from service tax and came into force on the commencement date, later being rescinded by a subsequent notification.
Exemption to commercial training or coaching centre for course or curriculum of any institute or establishment & issuing diploma,certificate,degree or educational qualification recognized by law
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Exemption for educational coaching services where training is an essential part of accredited curriculum, excluding fees paid directly by trainees.
Tax exemption applies to services by commercial training or coaching centres when such training forms an essential part of another institute's course or curriculum leading to a certificate, diploma, degree or educational qualification recognized by law; exemption is not available where charges are paid directly by the trainee to the coaching centre.
Exempts the taxable services provided in relation to commercial training or coaching
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Service tax exemption for commercial training by specified institutes removes levy under statutory provision for qualifying training services.
Exempts taxable services for commercial training or coaching when provided by a vocational training institute, a computer training institute, or a recreational training institute, relieving those services from service tax under the applicable statutory levy. Definitions clarify that vocational training imparts employable skills, computer training covers software or hardware coaching, and recreational training covers activities such as dance, singing, martial arts and hobbies. The exemption operates for the notification's stated operative period as amended by a subsequent notification.
Exempts the taxable services provided by a call centre or a medical transcription centre
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Service tax exemption for call centre and medical transcription services removes tax liability on those client-facing services.
Exempts taxable services provided by a call centre or a medical transcription centre to a client from service tax under the Finance Act, 1994. A call centre is defined as a commercial concern providing assistance, information or contacting customers for sales, telemarketing, payments and related activities using telephone, leased lines, satellite links, mail, fax, web chat and information systems for monitoring and recording on behalf of another person; a medical transcription centre transcribes medical records. The notification took effect on its commencement date and was later amended and rescinded.
Effective date of new levies brought into by Finance Act, 2003
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Service tax commencement appointed by government notification under section 66(2) to fix the levy's effective date.
The Central Government, exercising powers under sub-section (2) of the Finance Act, 1994, by Notification No. 07/2003-ST dated 20/06/2003 appoints a specific date as the date from which the levy of service tax under section 66(2) will be effective, thereby statutorily fixing the commencement of that levy.
CORRIGENDUM, to notification no. 05/2003 dated 14/05/2003 - Service Tax Credit Rules
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Service tax credit rules correction replaces a specific clause reference with the broader sub section reference to fix an internal drafting error.
A corrigendum to Notification No. 5/2003 (Service Tax Credit Rules) replaces the phrase "clause (ee) of sub-section (2)" with "sub-section (2)", correcting the internal reference in the original Gazette notification.
Amendments in the Notification No. 59/98-ST, Dt. 16/10/1998
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Service Tax amendment: substitution of a bracketed figure in the notification updates the Explanation in the earlier notification.
Amendment effects a textual change to the Service Tax notification by substituting one bracketed figure with another in the Explanation to the notification, thereby altering the reference embodied in that Explanation.
Amendments in the Service Tax Credit Rules, 2002
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Service tax credit: amendments allow credit tied to invoicing and payment, mandate account separation or capped use, restrict telephone credit.
Amendments to the Service Tax Credit Rules, 2002 recalibrate entitlement to service tax credit by substituting "service" for "taxable service", prescribing invoice date and payment conditions for claiming credit, requiring separate accounting or, alternatively, limiting credit utilization for providers of both taxable and exempt or non taxable outputs, and restricting credit for telephone connection services to connections installed at premises where output services are rendered.
Amendments in the Service Tax Rule, 1994
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Service tax amendment: retroactive return filing required for transport and clearing agents, with interest and penalty consequences.
A new rule 7A requires assessees who provided taxable services as goods transport operators and clearing and forwarding agents for specified earlier periods to furnish returns in Form ST-3B with copies of Form TR-6 within six months from the notified date; non compliance attracts interest and penal consequences under the Act. Form ST-3B sets out required particulars, payment and challan details and a self assessment declaration to be signed by the assessee or authorised representative.
Amends notification No. 12/2001-ST, dated 20.12.2001, so as to extend the exemption granted to hotels beyond 31.3.2003
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Service tax exemption extension for hotels continues by omitting a notification paragraph, preserving the prior exemption.
The Central Government, under section 93 of the Finance Act, 1994, amends Notification No. 12/2001 ST by omitting paragraph 2, thereby extending the exemption previously granted to hotels beyond the date specified in the original notification and preserving the concessionary treatment for hotel services.
Rescinds notification No. 6/99-ST, dated 9.4.1999
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Rescission of notification under statutory power withdraws earlier service tax notification while preserving prior acts.
The Central Government, invoking its statutory power under the Finance Act, rescinds the earlier service tax notification issued in April 1999, withdrawing that administrative instrument prospectively while expressly preserving the legal effect of actions and omissions completed before the rescission.
Amends Service Tax Credit Rules, 2002
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Service tax credit: entitlement tied to payment and credit transferable on establishment transfer or ownership change.
Amendment conditions entitlement to service tax credit on payment for the input service and related service tax shown in invoice or challan, limits utilisation to the credit available on the last day of the month (or quarter for individuals, proprietors and partnerships), and permits transfer of unutilised credit when an establishment is shifted or transferred on change of ownership, sale, merger, amalgamation, lease or to a joint venture with specific provision for transfer of liabilities.
Exemption to service provided by consulting engineer on transfer of technology
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Exemption for consulting engineer services on transfer of technology where entitlement equals R&D cess paid, conditional on payment and records.
Consulting engineer services on transfer of technology are exempt from service tax to the extent equal to the Research and Development Cess payable on that transfer, subject to conditions: the R&D Cess must be paid within six months from the invoice date (or from the date of credit for associated enterprises), the exemption applies only if cess is paid at or before payment for the service, and records linking the invoice or credit entry to the R&D Cess payment challan must be maintained.
No Tax on Service Provider to SEZ Unit or SEZ Developer
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Service tax exemption for SEZ services requires authorization and quarterly reporting by customs authorities under service law.
Exemption applies to taxable service provided to a developer or unit of a Special Economic Zone for development, operation and maintenance of the zone, setting up an SEZ unit, or manufacture by the SEZ unit, subject to: authorization of the developer/unit by the Development Commissioner; service-specific authorization by a Committee headed by the Commissioner of Customs or the Commissioner of Customs and Central Excise with jurisdiction; and maintenance of accounts with quarterly statements to the designated customs authority.

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