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Service Tax (Settlement of Cases) Rules, 2012
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Settlement Procedure for Service Tax cases requires standardized application, admission of liability, prescribed payment and inventory procedures.
The rules implement a settlement mechanism for service tax disputes: applications must be filed in Form SC(ST)-1 in quintuplicate, signed by authorised persons, accompanied by a prescribed fee, and disclose show cause notice details, admitted service tax and interest with calculations and payment particulars. The Settlement Commission forwards applications to the appropriate Commissioner for report. Where provisional attachment is ordered, the Commissioner may authorise an officer to attach property, prepare an inventory, provide a copy to the applicant, and send inventories to the Commissioner and the Commission. A per page fee applies for obtaining report copies.
Corrigendum Notification No. 3/2012-Service Tax, dated 21.03.2012
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Service tax rate correction updates a previously notified percentage to a lower published figure for the levy.
Corrigendum to Notification No. 3/2012-Service Tax (17 March 2012) directs that in the Gazette entry, at line 22, the text "0.12 per cent." shall be read as "0.012 per cent.", thereby substituting the corrected percentage figure in the original notification.
Service tax on reverse charge mechanism - w.e.f. 1.7.2012
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Reverse charge service tax: recipient bears tax liability for specified services including transport, manpower, and works contracts.
Notification prescribes a reverse charge mechanism for specified services whereby the service recipient bears the service tax liability wholly or partially. Covered services include insurance agent services to insurers; goods transport agency services for road transport to specified consignors/consignees; sponsorship to corporate/partnership recipients; arbitral tribunal and individual advocate services; government/local authority support services to business entities; renting/hiring of passenger motor vehicles (abated and non abated valuation); supply of manpower; works contracts; and services received from non taxable territory providers. The notification sets the provider/recipient tax shares and treats the freight payer for road carriage as the recipient.
Exempts import of technology to the extent of amount of cess payable on the said import of technology - w.e.f. 1.7.2012
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Exemption for import of technology: service tax relieved to extent of R&D cess when cess paid and records maintained.
Service tax on import-of-technology services is exempt to the extent of the Research and Development Cess payable on that import, provided the R&D Cess is paid within six months of the invoice or, for associated enterprises, within six months of the credit entry, payment occurs at or before payment for the service, and records linking the invoice or credit entry to the R&D Cess payment challan are maintained; the exemption takes effect when the relevant service tax provision comes into force.
Effective rate of service tax after abatement - w.e.f. 1.7.2012
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Service tax abatement reduces taxable value for specified services, subject to CENVAT credit and invoice conditions.
Notification grants abatements by allowing service tax to be calculated on a specified percentage of the gross amount charged for listed services, thereby reducing the taxable value; abatements are subject to conditions such as non-availability of CENVAT credit, invoice/bill specifications that charges are inclusive or indicate gross amount, and exclusion of non-interest receipts in financial leasing. Key services covered include various transport services, hotel and food supply, renting, renting of vehicles, chit services, tour-operator services, and financial leasing, with definitions and valuation rules provided.
Exempts various services from whole of service tax - w.e.f. 1.7.2012
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Service tax exemption: broad sectoral relief for health, education, sports, construction and charitable services under section 66B.
Notification exempts specified taxable services from the whole of service tax under section 66B of the Finance Act, 1994, listing sectoral categories: services to international organisations and the UN; healthcare, veterinary and charitable services by entities registered under section 12AA; religious and certain legal and arbitral services to non-business persons; clinical research testing; educational catering and transport tied to exempt education; sports participation and sponsorships; extensive construction and public-infrastructure services for government or public use; transport and goods carriage exemptions; specified insurance schemes; incubatee services subject to turnover and tenure conditions; and various intermediary, exhibition, telephone, slaughtering and non-taxable-territory receipt exemptions, with accompanying definitions and an effective date linked to section 66B.
Amends Service Tax (Determination of Value) Rules, 2006 - Section 66B
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Determination of value of works contract services prescribes valuation methods and specified service portions for contracts and catering.
Amendment prescribes that value of works contract service equals gross amount charged less value of transfer of property in goods, and lists service components (labour, sub-contractor payments, planning/design, hired machinery, consumables, establishment costs, related expenses and profit). Where segregation is not made, presumptive valuation applies: 40% of total for original works (25% if land included) and 60% for other works. For food and drinks supply, service value is 40% for restaurant supply and 60% for outdoor catering of the total amount; goods for human consumption under chapters 1-22 are not inputs for the service portion.
Amends Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 - Rate increased from 4% to 4.8%
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Composition scheme rate increase for works contracts under service tax takes effect, raising the prescribed composition rate.
Amends the Works Contract composition scheme for payment of service tax by substituting the description of the prescribed rate in rule 3(1) of the Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007; the amendment is titled Works Contract (Composition Scheme for Payment of Service Tax) Amendment Rules 2012 and shall come into force on the first day of April, 2012 under the powers conferred by sections 93 and 94 of the Finance Act, 1994.
Regarding exemption of services in relation to transport services by rail
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Service tax notification amendment: substitution of 'April' with 'July' in para 3 altering exemption timing.
The Central Government, invoking powers under the Finance Act, amends Notification No.9/2010 Service Tax by substituting the word April with July in paragraph 3, thereby changing the month referenced for the service tax exemption applicable to rail transport services; the amendment is issued as Notification No.9/2012 Service Tax and cites the principal notification and its prior amendment in the Gazette.
Regarding exemption of services in relation to transport services by rail
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Amendment to service tax notification: substitution of April with July changes the effective timing of an exemption provision.
Amendment replaces the word 'April' with 'July' in paragraph 2 of Notification No.8/2010-Service Tax, altering the effective timing of an exemption-related provision under the executive power of section 93(1) of the Finance Act, 1994 and referencing the principal notification and its latest amendment in the Gazette.
Regarding exemption of services in relation to transport services by rail
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Exemption of rail transport services: notification amends prior service-tax provision by substituting 'April' with 'July'.
Notification No.7/2012 amends Notification No.7/2010 by substituting the word 'April' with the word 'July' in paragraph 2 of the principal service-tax notification relating to exemption of services in relation to transport services by rail, effectuating a change in the month specified in that provision.
Effective rate of service tax for Transport of passenger services by air
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Service tax exemption for air passenger transport limits taxable base to a fraction of service value, excluding CENVAT credit cases.
The notification limits service tax on transport of passengers by air to an amount not exceeding the tax computed on a value equal to forty per cent of the taxable service provider's value for that service, and excludes cases where CENVAT credit on inputs or capital goods used in providing the service has been taken.
Amends notification no. 6/2005 ST dated 1-5-2005 - Determination of aggregate value for claiming exemption upto 10 lacs
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Aggregate value definition clarified for service tax aggregation of initial invoices, excluding amounts for wholly exempt services.
Substitutes item (B) to define aggregate value as the sum total of value of taxable services charged in the first consecutive invoices issued or required to be issued during a financial year, excluding value charged in invoices for services wholly exempt from service tax under any other notification; effective from the specified commencement date.
Amends Point of Taxation Rules, 2011
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Point of Taxation clarified: payment date, invoicing delays, and treatment of rate changes determine service tax timing.
The rules expand the definition of change in effective tax rate and broaden continuous or recurrent services. A new date-of-payment rule makes the earlier of books-entry or bank credit the payment date, with a proviso treating bank credit as decisive when rate changes or first-time taxation occur and credit is after four working days. Invoice delays shift the point of taxation to completion of service; contractual event-completion can define completion for continuous supplies; limited invoice overpayments may be taxed on invoice timing at provider option. Tax treatment for newly taxed services and recipient-liable notified services are also clarified, and authorities may determine point of taxation when invoice and payment data are absent.
Amends Service Tax Rules, 1994,
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Invoice issuance timelines extended and special provisions for banking services; small excess receipts exempt from invoicing under point of taxation option.
Amendments extend invoice issuance timelines from fourteen to thirty days generally, provide a longer period for banking and financial services, and allow that small excess receipts need not be invoiced where the provider has opted under the Point of Taxation Rules; Rule 6 adds export receipt treatment per Reserve Bank of India timelines, grants an optional tax-payment method for smaller individual and partnership providers up to a turnover threshold, restricts adjustment of excess tax payments to matters not involving legal interpretation or taxability questions, and revises certain rates and numerical thresholds for insurance premium valuation.
Rescinds notification no. 8/2009 ST dated 24-2-2009 - effective rate of service tax shall be 12%
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Rescission of notification cancels prior exemption and reinstates the standard service tax rate effective from upcoming fiscal period.
The Central Government, invoking its powers under the Finance Act, rescinds the earlier Department of Revenue notification altering service tax treatment, subject to a savings clause for actions taken or omitted before rescission, and fixes a commencement date when the withdrawal takes effect to restore the prior service tax regime.
Amends notification no. 42/2011 ST dated 25-7-2011 - exempts club or association in relation to common facility set-up for treatment and recycling of effluents and solid waste discharged.
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Service tax exemption for common effluent and waste treatment expanded to include registered cooperative societies and removes unit-specific discharge limit.
The notification amends the principal service tax exemption by substituting "of dyeing units" with ", including registered cooperative societies," to expressly include registered cooperative societies in the exemption for common facilities for treatment and recycling of effluents and solid waste, and omits from the Explanation the words referencing effluents "discharged by dyeing units," thereby removing the explicit unit-specific discharge limitation.
Seeks to extend date of submission of half yearly return for the period April 2011 to September 2011, from 6th January 2012 to 20th January 2012.
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Return filing deadline extension permits delayed half-yearly service tax returns due to electronic filing difficulties.
The Central Board of Excise and Customs, invoking powers under the Service Tax Rules and an associated notification, extends the due date for submission of the half-yearly service tax return for the April-September period, shifting the filing deadline to provide additional time because assessees are facing problems with electronic filing; the order is communicated to central excise and service tax commissioners and relevant system and administrative heads for implementation.

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