For the purposes of this rule India includes the installations structures and vessels located in the continental shelf of India and the exclusive economic zone of India, for the purposes of prospecting or extraction or production of mineral oil and natural gas and supply thereof.
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In exercise of the powers conferred by section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994 namely : -
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Circular No. 109/03/2009, dated 23-2-2009 -A query had been raised by the field formation as to whether the activity of screening of film supplied by a film distributor would fall under any of the taxable services and accordingly, whether the theatre owners are required to pay service tax on amount received by them from distributors. Divergent views have been expressed on this issue. One view is that the activity of screening of films supplied by a film distributor falls under the taxable service category of “renting of immovable property”; while an alternative view is that such activity falls under the category of ‘Business Support Service’.
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NOTIFICATION NO 32/2008-Service Tax – Refund application can now be filed within six months from the end of the relevant quarter during which the said goods have been exported. earlier itwas only sixty days.the amending notification no. 32/2008-ST dated 18-11-2008 is appendedherewith for info.
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The Finance Ministry has come up with a dispute resolution scheme as a one-time measure for quick resolution of disputes involving small service tax amounts up to Rs 25,000.
However, cases involving non-payment of service tax after having collected the same from clients/customers are not included in the scheme. This compounding scheme would be in operation from July 1 to September 30. It would also not apply to cases where the tax arrears includes service tax amount of over Rs 25,000.
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Government has issued Notification No. 17/2008-ST dated 1-4-2008, extending refund of service tax paid by exporters on three more taxable services in addition to existing 13 taxable services, which are not in the nature of “input services” but could be related to exports. · Custom House Agent service [section 65(105)(h) of the Finance Act, 1994], · Banking and other financial services [section 65(105)(zm)] in relation to collection of export bills and export letters of credit, Commission agent service under business auxiliary service [section 65(105)(zzb) ] provided by a commission agent, located outside India subject to the conditions prescribed.
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It has been brought to our notice that the quality of data reported under EASIEST continues to be poor. Approximately, 45% of the challans do not bear any assessee code. It may please be noted that indication of assessee code and location code in the G.A.R.7 challan by the tax payer has since been made mandatory. Banks are, therefore, advised that no payment of Central Excise & Service Tax should be accepted by bank branches unless the assessee code of the tax-payer is quoted on the G.A.R.7 challan. At the time of acceptance of the challans, the authorised bank branches should, therefore, ensure that the 15 digit/character valid assessee code is quoted by the tax-payer in the challan.
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The Board has examined the issue. In this connection, I am directed to clarify that the assessee need not be asked to pay the service tax again. In such cased the matter should be sorted with the P.A.O. As regards to the cases where the assessee was asked to pay service tax again, the amount thus paid may be refunded by the concerned divisional Asst. Commissioner/Deputy Commissioner. ST Circular No. 58/7/2003
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