• Sep
  • 19
  • 2011

Amends Notification No. 17/2004-Service Tax, dated the 10th September, 2004

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Service Tax – Exemption  of R&D Cess paid by intellectual property service providers

Notification No. 47/2011 – Service Tax ,  New Delhi, the 19th September, 2011

            G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 17/2004-Service Tax, dated the 10th September, 2004, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 591 (E), dated the 10th September, 2004, namely:-

            In the said notification, for the words, figures and brackets “amount of cess paid on the said transfer of technology under the provisions of Section 3 of the Research and Development Cess Act, 1986 (32 of 1986).”, the following words, figures and brackets  shall be substituted, namely:-

“amount of cess payable on the said transfer of technology under the provisions of section 3 of the Research and Development Cess Act, 1986 (32 of 1986), subject to the following  conditions, namely:-

(A)        the said amount of Research and Development Cess is paid within six months from the date of invoice or in case of  associated enterprises the date of credit in the books of account:

            Provided that the exemption shall be available only if the Research and Development Cess is paid at the time or before the payment for the service;

(B)        records of Research and Development Cess are maintained for establishing the linkage between the invoice or the credit entry, as the case may be, and the Research and Development Cess payment challan.

2. This notification shall come into force on the date of publication in the Official Gazette.

 [F. No. 354/140/2011-TRU]

(Samar Nanda)

                                          Under Secretary to the Government of India

Note.- The principal notification No. 17/2004-Service Tax, dated the 10th September, 2004, which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 591 (E), dated the 10th September, 2004.


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