2012 (8) TMI 169

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....er that impugned Circular dated 08.05 2012 is ultra vires the Point of Taxation Rules, 2011 and even the provisions of Finance Act, 1994. Learned counsel for the petitioner has drawn our attention to Point of Taxation Rules, 2011. Rule 2(e) whereof defines Point of Taxation as under: "(e) "point of taxation" means the point in time when a service shall be deemed to have been provided." 2. The de....

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....the payment is received after the change in effective rate of tax, the point of taxation shall be the date of issuing of invoice: or (iii) where the payment is also received before the change in effective rate of tax, but the invoice for the same has been issued after the change in effective rate of tax, the point of taxation shall be the date of payment." 3. The service tax in respect of a cate....