A. Rationalisation in the categorisation and value limits of PPIs – The five categories of semi-closed PPIs as indicated in our previous guidelines have been replaced with three broad categories as under: Semi-closed system prepaid payment instruments can be issued upto Rs.10,000/- by accepting minimum details of the customer provided the amount outstanding at any point of time does not exceed Rs 10,000/- and the total value of reloads during any given month also does not exceed Rs 10,000/-. These can be issued only in electronic form;
In the Companies (Issue of Indian Depository Receipts) Rules, 2004, in rule 10, for sub-rule (i), the following sub-rule shall be substituted, namely
Notification [F. No. 9/1/2011 – CL.V], dated 1-10-2012 In exercise of the powers conferred by sub-section (1) of section 620 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following further amendments in the notification of the Government of India in the erstwhile Department of Company Law Administration vide number S.R.O. 355, dated 17th January, 1957, a copy of this notification having been laid in draft before both houses of Parliament as required by sub-section (2) of that section, namely:-
Notification No. 56/2012-Customs following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 96/2008-Customs, dated the 13th August, 2008, published in the Gazette of India, Extraordinary, vide number G.S.R. 590 (E), dated the 13th August, 2008, namely:-
Off late many assessees faced the wrath of the Department by way of Show Cause Notices, spot recoveries and personal penalties owing to the alleged failure to take reasonable care while taking Cenvat credit. If the default of duty or tax payment is necessitated either due to genuine reasons or conscious evasion, the assessees at the receiving end are subject to harassment and intimidation by imposing all penal provisions in the Act and Rules. Even now, undue hardship is caused to assessees during Audit and also while processing refund claims, especially of Service Tax, due to the insistence of the officials to produce proof of payment of tax by the manufacturer or service provider for allowing credit or for granting refund.
Issue (a) : Whether service tax of 4.944% (60% abatement) will apply to related charges such as reconfirmation fee, upgrade fee, date change, additional collection, etc., levied by airlines to passengers?
Input service is defined in Rule 2(l) of Cenvat Credit Rules, 2004 as service used by the manufacturer or service provider. Wherever the word “input service’ appears in Cenvat Credit Rules, it would connote the meaning as input service used. Being so, Service Tax on advances, inasmuch as it relates to a service provided and not used by the manufacturer or service provider , availment of such credit poses problem and is prone to litigation.
The purpose of presenting this article to the various members is to provide the clarity on the issue regarding the booking of income (without raising invoice to the respective parties) at the end of the financial year say March 2012 and the applicability of Service Tax on this income. In other words, when the service provider has provided the service before the end of the financial year say March 2012, but the invoice for the same has not been issued till March 2012.
All Service Tax assessees are hereby informed that they will not be able to file ST 3 returns in ACES now and have to wait until the modified version of ST 3 Form is made available in a few weeks. Please revisit ACES website(http://www.aces.gov.in) for further information. Inconvenience caused is regretted.
Levy of Service Tax on Railway Passengers Travelling in AC Classes/First Class from 1-10-2012 – No Service Tax to be Levied on Tickets Issued Prior to 1-10-2012 – In Case of Cancellation of Tickets Issued on or after 1st October 2012, the Applicable Amount Including Service Tax to be Refunded by Railways
