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Exempts the taxable service provided by an outdoor caterer providing services within premises of academic institution or medical establishment
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Exemption for outdoor catering services inside academic or medical premises removes service tax liability when confined to those premises.
Exemption is provided from the whole of service tax for outdoor catering services where the caterer is located within the premises of an academic institution or a medical establishment and provides catering services only within those premises; this relief was established by an executive notification and later rescinded by a subsequent notification.
Effective rate of service tax on outdoor caterer
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Effective service tax for outdoor catering limited to tax on part of gross charges, subject to invoicing and credit conditions.
Service tax on outdoor catering is partially exempted by permitting tax liability to be calculated only on a portion of the gross amount charged, provided the invoice indicates charges inclusive of food supply; no Cenvat credit has been taken on inputs or capital goods; and the caterer has not availed benefit under the earlier notification. "Food" is defined as a substantial and satisfying meal.
Exempts taxable service provided by an outdoor caterer in relation to catering service provided on a railway train
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Exemption of catering services on trains removes service tax liability for outdoor caterers providing onboard catering to clients.
Exempts taxable service provided by an outdoor caterer in relation to catering service provided on a railway train from the whole of service tax leviable; the Central Government, invoking powers under the Finance Act and satisfied it was necessary in the public interest, issued Notification No. 19/2004 to relieve such outdoor caterers of service tax liability for onboard train catering, later rescinded by Notification No. 2/2006.
Exemption to value of new taxable services introduced by Finance (No. 2) Act,2004, which was received prior to 10-9-2004
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Exemption to value of taxable services removes service tax on amounts received by providers before the specified cut off date.
The Central Government exempts that portion of the value of specified newly taxable services from the whole of service tax leviable thereon where such portion was received by the service provider from the customer, exhibitor, client or any person prior to the specified cut-off date.
Effective rate of service tax for holder of intellectual property right
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Service tax exemption for intellectual property holders offsets tax by R&D cess amount, subject to timely payment and records.
Exemption permits a holder of an intellectual property right to reduce service tax by an amount equivalent to the Research and Development Cess payable on the transfer of technology, subject to conditions: cess paid within six months of invoice (or date of credit for associated enterprises); cess paid at or before payment for the service; and maintenance of records linking the invoice or credit entry to the cess payment challan.
Exempts the taxable service provided by management consultant in respect of Enterprise Resource Planning software system
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Service tax exemption for management consultancy on ERP software implementations removes tax liability for specified consultancy services.
Exempts taxable services supplied by a management consultant in respect of an Enterprise Resource Planning software system to a client in connection with the management of any organization, removing the service tax liability otherwise leviable under the statutory service tax provisions; the exemption was issued by executive notification and later rescinded by a subsequent notification.
Effective rate of service tax for construction service
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Service tax exemption cap for commercial construction limits taxable value to a proportion of gross charges, subject to exclusions.
Exemption limits service tax on commercial or industrial construction service by exempting tax in excess of that calculated on a value equivalent to thirty-three per cent of the gross amount charged; the exemption is unavailable where Cenvat credit has been taken, where benefit under the earlier notification has been availed, or where the services are only completion and finishing works. "Gross amount charged" includes the value of goods and materials supplied, provided or used by the service provider.
Exemption to specified services in relation to business auxiliary service
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Business auxiliary service exemption excludes specified input, production and ancillary services in agriculture, printing and textiles from service tax.
Exemption relieves taxable services provided to a client by any person in relation to business auxiliary service-where such services involve procurement of inputs, production or processing of goods for or on behalf of the client, provision of services on behalf of the client, or incidental or auxiliary services-and provided in relation to agriculture, printing, textile processing or education, from the whole of the service tax leviable under the Finance Act.
Exempts the taxable service provided by a banking company or a financial institution, providing service in relation to collection of duties or taxes levied by government
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Exemption for government tax-collection services: service tax not leviable on banks and financial institutions collecting duties or taxes.
Exempts from service tax the taxable service rendered by a banking company, a financial institution (including a non-banking financial company), any other body corporate or any other person to the central or a state government where the service relates to collection of duties or taxes levied by that government, relieving such service from the whole of the service tax otherwise leviable.
Amendments Notifications no. 21/97, 39/97, 40/97, 12/01, 8/03, 12/03, 18/03, 19/03, 2/04, 9/04 and 10/04
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Service tax exemption conditions tightened: exemptions denied where Cenvat credit claimed or prior exemption previously availed.
Multiple Service Tax notifications are amended to restrict exemptions by provisos denying relief where Cenvat credit on inputs or capital goods has been taken or where the service provider has availed a specified earlier exemption; mandap keeper catering invoices must show catering charges and no Cenvat credit claimed; sale-of-goods exemptions require no Cenvat credit or repayment equal to credit before sale; "call centre" definition is broadened; wording "erection" is added alongside commissioning and installation.
Amendments in the Service Tax Rules, 1994
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Service tax invoice requirements and input service distributor credit rules clarified; insurers given optional simplified premium-based payment method with exceptions.
A new Rule 4A requires every provider of taxable services to issue a serially numbered, signed invoice, bill or challan listing the provider's name, address and registration number, the recipient's name and address, description, classification and value of the taxable service and the service tax payable; input service distributors must issue serially numbered documents for each recipient showing provider and distributor particulars, originating invoice serial number and date, recipient particulars and the amount of credit distributed.
U/S 120(1)and 2) of the Income-tax Act, 1961 – Jurisdiction of Income-tax authorities – Empowerment of Joint Commissioner of Income-tax to perform functions of transfer pricing officers
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Transfer pricing officer empowerment appoints Joint Commissioners to exercise transfer pricing powers across specified territories and name-based taxpayer classes.
Notification empowers Joint Commissioners of Income-Tax to act as Transfer Pricing Officers, authorising them to exercise specified transfer pricing powers for the purpose of the transfer pricing provisions; it designates offices by headquarters and allocates territorial jurisdiction and classes of taxpayers-described by name initials and assessing officer location-to each designated Joint Commissioner.
Exchange Control Department and ECD Changed to Foreign Exchange Department and FED
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Change of nomenclature: Exchange Control Department recharacterised as Foreign Exchange Department, aligning regulatory references accordingly.
The notification directs that all references to the term Exchange Control Department and its abbreviation in Reserve Bank regulations shall be read as Foreign Exchange Department and the corresponding abbreviation, exercising powers under the Foreign Exchange Management Act to effect a nomenclature substitution so that regulatory texts consistently reflect the new departmental designation.
Amendments in NOTIFICATION NO. 06/2002-CE, DT. 01/03/2002 (0401.14 Concentrated milk, not containing any sweetening matter)
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Excise exemption for concentrated milk without sweetening: tariff entry added to grant Nil duty status under central excise.
The notification inserts a new table entry for concentrated milk not containing any sweetening matter under tariff heading 0401.14, specifying a Nil central excise duty rate for that item and thereby extending exemption treatment to that classification by amendment to the existing exemption notification.
Amendments in the NOTIFICATION NO. 39/2001-CE(N.T.), DT. 26/06/2001 (Central Excise Officers)
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Commissioners of Central Excise (Adjudication) granted nationwide jurisdiction for adjudication and investigation as assigned by the Board.
Amendment substitutes the Table entry for Sl. No. 2 to designate Commissioners of Central Excise (Adjudication), who are vested with jurisdiction throughout the territory of India for the adjudication and investigation of cases as may be assigned by the Board, made under sub-rule (2) of rule 3 of the Central Excise Rules, 2002.
Appointment of Director General (Specific Safeguard)
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Specific safeguard appointment: Director General designated to administer transitional product-specific safeguard duties under customs rules.
The Central Government, exercising powers under the Customs Tariff (Transitional Product Specific Safeguard Duty) Rules, 2002, appoints Shri Lakhinder Singh, Director General (Safeguard), as Director General (Specific Safeguard) to administer the product-specific safeguard mechanism, and supersedes the earlier notification appointing the relevant officer, without affecting prior actions or omissions.
Appointment of adjudication officer
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Appointment of Adjudicating Officer under Customs Act empowers adjudication of specified Show Cause Notices relating to two exporters.
The Central Board of Excise and Customs, under sub section (1) of section 4 of the Customs Act, 1962, appoints the Commissioner of Customs, Inland Container Depot, Tughlakabad, New Delhi to act as Commissioner of Customs, Air Cargo (Exports), New Delhi for the sole purpose of adjudicating specified Show Cause Notices issued to two exporters, thereby transferring adjudicatory authority and jurisdiction over those notices to the appointed officer.
Amendment in the Special Economic Zones Rules, 2003
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Foreign Trade Policy redefinition replaces Export and Import Policy in SEZ Rules, aligning SEZ regime with updated trade policy.
The amendment substitutes clause (e) of the Special Economic Zone Rules to define "Foreign Trade Policy" as the Foreign Trade Policy published for the specified policy period and directs that every instance of the phrase "Export and Import Policy" in the SEZ Rules be replaced by "Foreign Trade Policy," thereby aligning SEZ Rule terminology with the updated national trade policy; the amendment is effected by notification under the rulemaking power of the Customs Act and takes effect on publication in the Official Gazette.
Amendments in various Customs Notifications on account of announcement of New Foreign Trade Policy
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Foreign Trade Policy alignment alters customs exemptions, importer status conditions, and depreciation and clearance rules.
Amendments align multiple Customs exemption notifications with the Foreign Trade Policy (1 September 2004-31 March 2009), substituting prior policy references, updating definitions and Handbook cross references, and revising operative provisions: customs and additional duty exemptions for specified jewellery and cut and polished diamonds tied to Replenishment Licences and exporter/manufacturer status; importer eligibility conditioned on star export house recognition and actual user status; debonding on depreciated value using a prescribed straight line schedule; limited textile leftover clearance into Domestic Tariff Area; and adjustments to entitlement and explanatory clauses.
Implementation of changes brought about in the Foreign Trade Policy
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Foreign Trade Policy substitution updates excise exemptions and debonding depreciation rules and donation spares textile clearance conditions
The notification amends Central Excise notifications 22/2003 and 23/2003 to substitute 'Foreign Trade Policy' terminology, revise exemption provisos, and update Handbook cross references. Key operative changes include: a restriction denying input exemption where finished articles are non excisable or subject to nil customs duty; a donor donation exemption for domestically procured computer equipment with five year non diversion and inspection conditions; a prescribed straight line quarterly depreciation schedule for debonding capital goods (including full depreciation allowance); allowance of spares up to 1.5% FOB for after sale service; and certified limited clearance of leftover textile material into the Domestic Tariff Area. Explanations are revised to treat supplies from certain export units as imported.

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