It was already clarified vide Board’s letter F.No.137/70/2007-CX.4 dated 26.04.2008 that Schools running transport services for their students are not liable to pay service tax under the category of tour operator. There has been no change in the stand taken by the Board.
The ship broker ensures that the conditions of the contracts are adhered to. They also follow up the movement of goods and freight payment till the cargo reaches its destination. Hence, the activities undertaken by ship brokers are nothing but provision of services on behalf of client for a consideration akin to that of a commission agent.
The matter regarding levy of service tax under the head ‘Business Auxiliary Service’ on the ‘Commission’ received by the Directors of the company has been examined. The Board is of the view that some companies make payment to their officials, such as Managing Directors / Directors, terming the same as ‘Commissions’.
Supply of tangible goods including machinery, equipments and appliance for use, without transferring right of possession and effective control of such tangible goods is a taxable service in terms of provision of Section 65 (105) (zzzzj) of the Finance Act, 1994. In some case, vehicles, aircrafts, vessels etc., are also supplied in the above manner and such activities also fall under the said taxable service.
It has been informed by European Commission, Directorate General for Trade that the Regulation (EC) 1013/ 2006 came into force on 17th July 2006, but will not apply until 12 July 2007, when it will replace the Shipment of Waste Regulation 259/93, and Regulations (EC) 1547/93 and (EC) 1490/93.
Attention is invited to and various Notifications/Public Notices/Circulars issued by this office on the subject mentioned above. This is to inform that an Inter-Ministerial Committee (under DGFT) is in the process of reviewing the present import Policy of marble and other building stones.
The Trade is hereby informed that in exercise of the powers conferred by Section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service provided by a tour operator from so much of the service tax leviable on such operator, as is in excess of the amount of service tax calculated on forty per cent. Of the gross amount charged from any person by such operator for the services provided in relation to a tour, where the tour operator provides a package tour to any person and the bill issued for this purpose indicates that it is inclusive of charges for such a tour.
The Trade is hereby informed that in exercise of the powers conferred by Section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the Central Government, being satisfied that it is necessary in the Public interest so to do, hereby exempts the taxable service provided by a tour operator from so much of the service tax leviable on such operator, for the services provided in relation to a tour, if the tour operator is providing services solely of arranging or booking accommodation for any person in relation to a tour and the bill issued for this purpose indicates that it is towards charges for such accommodation.
Attention of the Trade is invited to this Office Trade Notice No. 67 to 70 CE (Service Tax) / 97 dated 29.8.97 through which it has been informed about the imposition of Service Tax on the services rendered by Tour Operators w.e.f. 1st September, 1997 in terms of Notification 37 / 97 to 40 / 97-ST dated 22.8.97 – Govt. of India, Ministry of Finance, Department of Revenue
he Trade is hereby informed that in exercise of the powers conferred by sub-section (1), read with sub-section (2) of 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
