Circular No. 93/04/2007-ST
F.No. 137/85/2007-CX.4
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs)
*****
New Delhi, the 10th May, 2007
Subject: Review of circulars/clarifications/instructions issued on matters relating to service tax law and procedures – withdrawal of circulars – reg.
It was decided to undertake review of circulars/clarifications/ instructions issued by the Central Board of Excise & Customs/Director General (Service Tax) from time to time since the introduction of Service Tax in 1994. Circulars/clarifications/instructions have been issued from time to time to explain the scope of statutory provisions, for removal of doubts, to prescribe special procedures and on matters of interpretations. Ministry of Finance, Department of Revenue vide Order F.NO.465/70/2006-TRU dated 13.6.2006 appointed Shri T. R. Rustagi to undertake review of circulars/clarifications/ instructions on matters relating to service tax since the introduction of Service Tax in 1994, taking into account the changes in service tax law and procedures, the judicial pronouncements and other relevant considerations. For this purpose, views/comments/suggestions were solicited from trade and industry associations, officers from field formations and others stakeholders. Taking into account all the response received, Shri T. R. Rustagi submitted his report to the Government on 22.2.2007.
2. The report of Shri T. R. Rustagi Committee was placed on the CBEC website on 9.3.2007 seeking views/comments/suggestions from all concerned on the recommendations made in the report. Suggestions in respect of circulars/clarifications/instructions which were not covered in the report were also invited.
3. Taking into account the recommendations made in the report submitted by Shri T. R. Rustagi, views/comments/suggestions received from the trade and industry associations, the departmental officers and all material facts, it has been decided that certain service tax circulars/clarifications/instructions which were previously issued with some objectives, but which have since then lost their relevance or have become anachronistic due to changes in law, procedures, etc., should be withdrawn. Accordingly, the following circulars/clarifications/instructions stand withdrawn with immediate effect,-
| Sl. No. | Circular No. / F.No. | Date |
| 1 | 1/1/94 – ST | 29.06.1994 |
| 2 | 2/2/94 – ST | 08.07.1994 |
| 3 | 4/4/94 – ST | 06.09.1994 |
| 4 | 5/5/94 – ST | 11.10.1994 |
| 5 | 6/1/95 – ST | 02.05.1995 |
| 6 | 7/1/96 – ST | 29.02.1996 |
| 7 | 8/2/96 – ST | 11.03.1996 |
| 8 | 9/3/96 – ST | 11.03.1996 |
| 9 | 13/7/96 – ST | 20.09.1996 |
| 10 | 15/9/96 – ST | 04.10.1996 |
| 11 | 16/10/96 – ST | 15.10.1996 |
| 12 | 19/13/96 -ST | 21.11.1996 |
| 13 | 20/14/96 – ST | 31.12.1996 |
| 14 | 21/1/97 – ST | 27.01.1997 |
| 15 | F. No. B.43/7/97- TRU | 11.07.1997 |
| 16 | F. No. 148/3/97 – CX4 | 09.09.1997 |
| 17 | 23/3/97 – ST | 13.10.1997 |
| 18 | F.No.354/128/97 -TRU | 18.12.1997 |
| 19 | 25/2/98 – ST | 23.07.1998 |
| 20 | 26/3/98 – ST | 10.09.1998 |
| 21 | 27/1/99 – ST | 19.05.1999 |
| 22 | 28/2/99 – ST | 04.07.1999 |
| 23 | 30/1/2000 – ST | 05.06.2000 |
| 24 | 31/2/2000 – ST | 31.07.2000 |
| 25 | 34/2/2001 – ST | 30.04.2001 |
| 26 | 36/4/2001 – ST | 08.10.2001 |
| 27 | 37/5/2001 – ST | 27.12.2001 |
| 28 | 38/1/2002 – ST | 07.02.2002 |
| 29 | 39/2/2002 – ST | 20.02.2002 |
| 30 | 42/5/2002 – ST | 29.04.2002 |
| 31 | 45/8/2002 – ST | 30.07.2002 |
| 32 | 48/10/2002-ST | 13.09.2002 |
| 33 | 51/13/2002 – ST | 07.01.2003 |
| 34 | 53/2/2003 – ST | 27.03.2003 |
| 35 | 54/3/2003-ST | 21.04.2003 |
| 36 | 55/4/2003 – ST | 24.04.2003 |
| 37 | 56/5/2003 – ST | 25.04.2003 |
| 38 | 57/6/2003 – ST | 20.05.2003 |
| 39 | 64/13/2003 – ST | 28.10.2003 |
| 40 | 65/14/2003 – ST | 05.11.2003 |
| 41 | 70/19/2003 – ST | 17.12.2003 |
| 42 | 73/3/2004 – ST | 05.01.2004 |
| 43 | 74/4/2004 – ST | 23.01.2004 |
| 44 | 77/07/2004 – ST | 10.03.2004 |
| 45 | 78/8/2004 – ST | 23.03.2004 |
| 46 | 79/9/2004 – ST | 13.05.2004 |
| 47 | F. No. 341/20/2005-TRU | 12.05.2005 |
| 48 | F.No./354/106/2005-TRU | 08.08.2005 |
4. As regards the remaining circulars/clarifications/instructions (other than those mentioned above), it is seen that certain portions of some of these circulars relate to the issue of valuation of taxable services. However, any such portion, which is inconsistent with the Service Tax (Determination of Value) Rules, 2006 has already been withdrawn w.e.f. 19.4.2006, vide para 4.1.13 of instruction No. B1/4/2006-TRU, dated 19.4.2006. Therefore, in all cases the value of a taxable service is to be determined strictly in terms of the Service Tax (Determination of Value) Rules, 2006 read with the section 67 of the Finance Act, 1994. As regards the other portions of these circulars, the same are presently under examination by the Board and a decision about their further continuance or otherwise would be taken soon.
5. Trade and field formations may be informed accordingly.
6. Hindi version will follow.
Yours faithfully,
Sd/-
(Gautam Bhattacharya)
Commissioner (Service Tax)
F.No.137/151/2007- CX.4(Pt.)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
New Delhi, dated 29th August, 07
Subject:- Corrigendum to circular No. 93/4/2007-ST dated 10.5.07 – reg
Please refer to circular No. 93/4/07-ST dated 10.5.07. This circular was issued to withdraw certain circulars/clarification /instruction, which were previously issued with some objectives, but which had since then lost their relevance or had become anachronistic due to change in law, procedure etc.
2. In this circular, in the Table, in the entry against Sl.No. 15, the circular ‘F. No B.43/7/97-TRU dated 11.07.1997’ has been mentioned instead of ” F. No. B.43/1/97-TRU dated 06.06.1997 “due to an inadvertent error. Therefore, entry against said Sl.No. 15 may be read as “F. No. B. 43/1/97-TRU dated 06.06.1997“.
3. Trade and field formations may be informed accordingly.
4. Hindi version will follow.
Yours faithfully,
(Gautam Bhattacharya)
Commissioner (Service Tax)
