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NOTIFICATION NO. 28/2011 – SERVICE TAX, CBEC has notified following service under continues service category for Point of taxation rule under service tax videNotification number 28/2011 dated 01.04.2011:- clause (zzq) of section 65(105) : Commercial or industrial construction. clause (zzzh) of section 65(105) : Construction of complex clause (zzzx) of section 65(105) : by the telegraph authority in relation to telecommunication service, clause (zzzu) of section 65(105) : in relation to internet telecommunication service and clause (zzzza) of section 65(105) : Works contract
As you are aware, the Point of Taxation Rules (PTR) were formulated vide Notification No.18/2011-ST dated 01.03.2011. Based on the feedback, certain amendments are being carried out in these rules vide Notification No. 25/2011-ST dated 31.03.2011. The highlights of the changes are discussed in the following paragraphs. 2. While the rules shall come into force from 01.04.2011, an option has been given in rule 9 to pay tax on payment basis, as at present, till 30.06.2011. 3. Rule 3 has been amended to provide that the point of taxation shall be as follows: (a) Date of invoice or payment, whichever is earlier, if the invoice is issued within the prescribed period of 14 days from the date of completion of the provision of service.
Notification No 27/2011–Service Tax -By Notification No. 19/2009 dated 07.07.2009, service provided by one scheduled bank to another scheduled bank in relation to interbank transactions of purchase and sale of foreign currency, was exempted. Now this exemption is available to any bank, including a bank located outside India, or money changer.
Notification No. 26/2011–Service Tax- In case of continuous supply of service, every person providing such taxable service shall issue an invoice, bill or challan, as the case may be, within fourteen days of the date when each event specified in the contract, which requires the service receiver to make any payment to service provider, is completed
Notification No. 25/2011–Service Tax – Provided that services for which provision is completed on or before 30th day of June, 2011 or where the invoices are issued upto the 30th day of June, 2011, the point of taxation shall, at the option of the taxpayer, be the date on which the payment is received or made as the case may be.”.
Notification No.24/2011 – Service Tax – Determination of value of service in relation to money changing : for the words “reference rate for that currency for that day”, the words “reference rate for that currency at that time” shall be substituted.
Notification No.23/2011 – Service Tax – These rules may be called the Taxation of Services (Provided from Outside India and Received in India) Amendment Rules, 2011. (2) They shall come into force on the 1st day of April, 2011. 2. In the Taxation of Services (Provided from Outside India and Received in India) Rules, 2006, in rule 3, in clause (ii), in the second proviso, the brackets and letters “(zzh)” shall be omitted.
Notification No. 22/2011 – Service Tax – the Central Government hereby makes the following rules further to amend the Export of Services Rules, 2005, namely :- 1. (1) These rules may be called the Export of Services (Second Amendment) Rules, 2011. (2) They shall come into force on the 1st day of April, 2011. 2. In the Export of Services Rules, 2005, in rule 3, in sub-rule (1), in clause (ii), in the second proviso, the brackets and letters “(zzh)” shall be omitted.
Notification No.21/2011-Service Tax – Following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.09/2010-Service Tax, dated the 27th February, 2010, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section(i), vide number G.S.R. 153 (E), dated the 27th February, 2010, namely:- In para 3 of the said notification in, for the word ‘April’, the word ‘July’, shall be substituted.
Notification No.20/2011-Service Tax- Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.08/2010-Service Tax, dated the 27th February, 2010, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section(i), vide number G.S.R. 152 (E), dated the 27th February, 2010, namely:- In para 2 of the said notification in, for the word ‘April’, the word ‘July’, shall be substituted.
