Trade Notices, etc.

 

Number & Date of Notification

Subject Matter

Remarks

No. 21/2003–Service Tax – 20/11/2003

Exemption from service tax of all services covered under section 65 (105) of the Finance Act, 1994 in respect of which payment is received in India in convertible foreign exchange

No exemption when the payment received in India in convertible foreign exchange for taxable services rendered is repatriated from, or sent outside, India.

No. 20/2003-Service Tax – 21/8/2003

Exemption of the taxable service provided to a customer by any person in relation to maintenance or repair of computers, computer systems or computer peripherals, from the service tax leviable thereon.

AMC for computers does not fall within the purview of service tax.

No. 19/2003-Service Tax – 21/8/2003

Exempts the taxable service provided to a customer in relation to commissioning or installation by a commissioning and installation agency, from so much of the service tax, as is in excess of the amount of service tax calculated on a value which is equivalent to thirty-three per cent of the gross amount charged from the customer under a contract for supplying a plant, machinery or equipment and commissioning or installation of the said plant, machinery or equipment

The exemption is optional and cannot be claimed if the commissioning and installation agency has availed the benefit under the notification of the Government of India, in the Ministry of Finance No. 12/2003-Service Tax dated 20th June, 2003

No. 18/2003-Service Tax – 21/8/2003

Exemption from service tax of in respect of commissioning or installation service rendered by concerns other than commercial concerns

Only commercial concerns engaged in commissioning or installation services fall within the purview of service tax

No.15/2003-Service Tax - 10/07/2003

Substitution of the words “Commissioner of Customs or the Commissioner of Customs and Central Excise, as the case may be” in place of “Chief Commissioner of Central Excise” in notification no.17/2002

 

No.14/2003-Service Tax - 20/06/2003

Exemption in respect of services provided to any person by a mandap keeper for the use of the precincts of a religious place as a mandap
Notification is in force with effect from 1 July 2003.

Religious place means a place which is meant for conduct of prayers or worship pertaining to a religion.

No.13/2003-Service Tax - 20/06/2003

Exemption in respect of business auxiliary services provided by a commission agent.
Notification is in force with effect from 1st July, 2003.

Commission agent means a person who causes sale or purchase of goods, on behalf of another person for a consideration which is based on the quantum of such sale or purchase

No.12/2003-Service Tax - 20/06/2003

Exemption for so much of the value of all the taxable services, as is equal to the value of goods and materials sold by the service provider to the recipient of service from service tax.
Notification is in force with effect from 1st July, 2003.

Provided there is documentary proof specifically indicating the value of the said goods and materials.

No. 11/2003-Service Tax – 20/06/2003

Exemption in respect of that portion of the taxable services provided to a customer by any person in relation to maintenance or repair, under a maintenance contract or agreement for any goods or equipment excluding motor vehicle, which was entered into prior to the 1st day of July, 2003, from the service tax leviable thereon Notification is in force with effect from 1st July, 2003.

Provided

(a)

the bill or invoice for the said portion of taxable services is raised prior to the 1st day of July, 2003; and

(b)

the value of the said portion of taxable services is received from the customer prior the 1st day of July, 2003

No. 10/2003-Service Tax - 20/06/2003

Exemption in respect of services provided by a commercial training or coaching centre which form an essential part of a course or curriculum of any other institute or establishment, leading to issuance of any certificate or diploma or degree or educational qualification recognised by law for the time being in force. Notification is in force with effect from 1st July, 2003.

No exemption if the charges for such services are paid by the person undergoing such course or curriculum directly to the commercial training or coaching centre.

No. 9/2003-Service Tax - 20/06/2003

Exemption in respect of the services provided in relation to commercial training or coaching, by,

(a)

a vocational training institute;

(b)

a computer training institute; or

(c)

a recreational training institute;

i)

“vocational training institute” means a commercial training or coaching centre which provides vocational coaching or training that impart skills to enable the trainee to seek employment or undertake self-employment, directly after such training or coaching;

(ii)

“computer training institute” means a commercial training or coaching centre which provides coaching or training relating to computer software or hardware;

(iii)

“recreational training institute” means a commercial training or coaching centre which provides coaching or training relating to recreational activities such as dance, singing, martial arts, hobbies.

This notification has come into force on and from the 1st day of July, 2003 and shall remain in force up to and inclusive of the 29th day of February, 2004.

No. 08/2003-Service Tax – 20/06/2003

Exemption in respect of services provided, by a call centre or a medical transcription centre, to a client. Notification is in force with effect from 1st July, 2003.

(i)

 “call centre” means a commercial concern which provides assistance, help or information, through telephone, on behalf of another person;

(ii)

“medical transcrip-tion centre” means a commercial concern which transcribes medical history, treatment, medical observations and the like.

No. 07/2003-Service Tax – 20/06/2003

Levy of service tax on new services brought within the purview of service tax by Finance Act, 2003 from 1st July, 2003

Services brought within the purview of service tax by the Finance Act, 2003 include commissioning or installation services, business auxiliary services, maintenance or repair services, technical testing and analysis, internet cafés and franchise services. Service tax has been extended in some cases such as extension of service tax on port services to minor ports, extension of service tax on authorized automobile services to multi-utility vehicles, extension of service tax on banking and other financial services to all forex brokers.

No.06/2003-Service Tax – 14/05/2003

Amendment in notification No. 59/98-ST – In the said notification, in the Explanation, for the brackets and figure “(90)”, the brackets and figures “(105)” are substituted.

Consequential amend-ment due to increase in the number of services brought within the purview of service tax.

No.05/2003-Service Tax – 14/05/2003

Amendment to Service Tax Credit Rules, 2002

Inter-service credit on service tax paid for input service allowed. Consequential amend-ment in service tax credit rules made.

No.04/2003-Service Tax – 14/05/2003

Amendment to Service Tax Rules, 1994

Returns in case of taxable service provided by goods transport operators and clearing and forwarding agents notified. Form No. ST-2B notified for this purpose. Rate of service tax notified at 8% with effect from 14th May, 2003.

No.03/2003-Service Tax - 01/03/2003

Paragraph 2 of Notification No.12/2001-ST deleted

Extension of exemption granted in respect of taxable service provided by a hotel as mandap keeper in cases where services provided include catering services along with any service in relation to use of a mandap, and the bill issued for this purpose indicates that it is inclusive of charges for catering services

No.02/2003-Service Tax - 01/03/2003

Recession of notification No.6/99 - ST

The said notification granted exemption to services in respect of which consideration was received in convertible foreign exchange. However, vide No. 21/2003-Service Tax – 20/11/2003, exemption has been re-granted.

No. 01/2003-Service Tax - 01/03/2003

Amendment to Service Tax Credit Rules, 2002

Provides for credit of service tax paid on input service only if payment to input service provider is made. Allows transfer of service tax credit in case of shift of establishment to another site or transfer of establishment on account of change in ownership or sale or merger or lease or amalgamation or transfer of establishment to joint venture

 

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