New Year Bonanza - New Simplified Scheme - For Refund of Input Service Tax used for Export of Goods

Similar documents
SERVICE TAX NOTIFICATION

CENVAT CREDIT. Join with us SIGNIFICANT NOTIFICATIONS/CIRCULARS ISSUED BETWEEN TO

GENERAL PROCEDURES UNDER CENTRAL EXCISE

Notification No. 18/2012 Central Excise (N.T.)

DRAFT. Revised format for Excise and Service Tax Return

SIGNIFICANT NOTIFICATIONS / CIRCULARS ISSUED DURING THE PERIOD 16 TH JUNE, 2012 TO 15 TH JULY, 2012

ROUTINE PROCEDURES

INDIRECT TAX NON TARIFF. All the amendments in the said rule are applicable from 1st April 2011 except otherwise specified.

APPLICABILITY OF SERVICE TAX:

SERVICE TAX. 2.1 It has been proposed in the Finance Bill to extend the levy of service tax to following new services,-

APPLICABLE FROM 16/03/2016

Excise Obligations For Units Paying Duty Of More Than 1.0 Crores Annually As Per Notifications Issued On

Service Tax on ocean freight the recent changes. (G. Natarajan, Advocate, Swamy Associates)

Abatement. Taxab le %

TRANSITIONAL PROVISIONS

ANALYSIS OF AMENDMENT IN CENVAT Credit Rules, 2004:

GOODS AND SERVICE TAX (GST) TRANSITIONAL PROVISIONS COMPILED AND PREPARED BY : CA SAGAR THAKKAR


[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE

Chapter VIII Accounts and Records

Form E.R.1 Original/Duplicate (See Rule 12 of the Central Excise Rules, 2002 and rule 9 (7) of CENVAT Credit Rules, 2004)

Rate of service tax restored to 12% As per section 66, rate of service tax is 12% of the value of taxable services. However, in February 2009, the

INDIRECT TAXES- Important for MAY 2015 EXAM

MTP_Intermediate_Syllabus 2016_Dec2017_Set 1 Paper 11- Indirect Taxation

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION-3, SUB-SECTION (i)]

Important Service Tax Amendments through Union Budget 2016 (By CA. Vikas Khandelwal) 1. Krishi Kalyan Cess (Applicable w. e. f

Answer to MTP_Final_Syllabus 2016_Jun2017_Set 2 Paper 18- Indirect Tax Laws and Practice

INDIRECT TAX PROVISIONS - FINANCE BILL,2015

Excise Duty on Textile Sector: Increased cost and Compliance Burden

Details of Bank Draft PART - I. I. Name and full address of applicant firm/ company (in block letters)

CENVAT Credit Rules, 2004

Advanced Tax Laws and Practice 376

Levy and Collection of Tax

CERTIFICATE COURSE ON INDIRECT TAXES

Form E.R.-1. [See rule 12 of the Central Excise Rules, 2002 and rule 9 (7) of CENVAT Credit Rules, 2004] M M Y Y Y Y

Time allowed : 3 hours Maximum marks : 100. Total number of questions : 8 Total number of printed pages : 7 PART A

Summary of Notifications, Circulars from 16 th September, 2016 to 15 th October, 2016

WIRC INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA. Preamble

KDF3A INDIRECT TAXATION UNIT I -V

EXPORT BENEFITS UNDER SERVICE TAX CA. MANINDAR KAKARLA

TRANSITIONAL PROVISIONS UNDER GST

F.NO.605/58/2009-DBK. Government of India. Ministry of Finance. Department of Revenue

Paper-11 Indirect Taxation

CHANGES IN THE CENTRAL EXCISE AND CENVAT CREDIT RULES

ANF-8. For claiming Duty Drawback on All Industry Rates/Fixation of Drawback Rates/Refund of Terminal Excise Duty.

The Customs, Central Excise Duties and Service Tax Drawback (Amendment) Rules, 2006.

Part I : Statutory Update Indirect Tax Laws

Chapter -2 Central Excise Law

Service Tax Recent Budget Amendments. By: A.Saiprasad B.Com,LLB,ACA,DISA,AMIMA Advocate

FORM R. T. 12 (RULE. Financial Year. Total Quantity. Total Closing Value of Quantity Balance goods Cleared. Quantity of duty free clearances

Answer to MTP_Intermediate_Syllabus 2016_Jun2017_Set 2 Paper 11- Indirect Taxation

CLARIFICATION ON ISSUES RELATING TO CENVAT CREDIT RULES 2004

Tax Planning & Cost Control _Central Excise

CHAPTER 4 DUTY EXEMPTION / REMISSION SCHEMES

[TO BE PUBLISHED IN PART II, SECTION 3, SUB-SECTION (i) OF THE GAZZETE OF INDIA (EXTRAORDINARY)]

EXCISE DUTY ON ARTICLES OF JEWELLERY

Significant Initiativestaken by CBEC

Form DVAT 04 Form DVAT 04 Cover Page [See Rule 12]

Issues relating to SEZ

GSTR - 3B Dec 3B Jan 3B Feb 3B Mar 3B Apr 3B GSTR -1 July to Nov 2017 Dec 2017 Jan 2018 Feb 2018 Mar 2018

GUIDANCE NOTE ON CGST TRANSITIONAL CREDIT

Domestic Information. Return of excisable goods and availment of CENVAT credit for the Month. Large Taxpayer Unit opted for (name of the city)*.

CONTENTS CENVAT CREDIT SCHEME RULE 2 : DEFINITIONS I-7. Chapter-heads I-5 Rule-wise Index I-23

Central Board of Excise & Customs

FACILITY NOTICE NO: 7 /

(1) Mr. Balwan has started a Gymnasium in Mumbai. He has obtained service tax registration and

Proposed Amendments in GST Law

CENTRAL EXCISE RULES,

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

6 SERVICE TAX PROCEDURES

Distribution of CENVAT by Input Service Distributor

Availment of Credit based on computer generated invoice: Pre and Post Budget

Pre-Budget proposal of construction sector for

Part Section 3 Part C 140(3) ITC availbale for ITC on Normal Goods To be filed to claim ITC on To be filed by Remarks where such goods or services whi

Tax Invoice, Credit and Debit Notes

EXECUTIVE PROGRAMME SUPPLEMENT FOR TAX LAWS AND PRACTICE. (INDIRECT TAX PART - B) (Relevant for Students appearing in June, 2017 Examination)

Chapter 4- CENVAT Credit Rules, 2004

CHAPTER 3 EXPORTS FROM INDIA SCHEMES

2. Amendment in Mega Exemption Notification 25/2015

SPECIAL COMMERCIAL TERMS AND CONDITIONS

Point of Taxation Rules and Taxable Event

GST: Transitional Provisions

CHAPTER-HEADS. Contents I-7 Rule-wise Index I-25

BOMBAY CHARTERED ACCOUNTANTS' SOCIETY

INDIRECT TAX LAWS MODULE 1

Impact of GST on Pharmaceutical Industry

ANALYSIS OF AMENDMENTS IN CENVAT CREDIT RULES, 2004 BY FINANCE ACT, 2011 AND BY VARIOUS NOTIFICATIONS ISSUED FROM TO

Suggested Answer_Syl2008_Jun2014_Paper_10 INTERMEDIATE EXAMINATION GROUP II (SYLLABUS 2008)

GST transitional provisions on credits key issues and challenges. Sagar Shah 17 June 2017

INDIRECT TAXES SERVICE TAX. Amendments effective from

Union Budget CA. Ashok Batra. (The author is a member of the Institute. He can be reached at )

GOODS & SERVICES TAX / IDT UPDATE 67

Valuation under the Customs Act, 1962

Specified Date And Tax Audit Penalty Reasonable Causes Tax Auditor & Limit

[PDF] SERVICE TAX EXEMPTION NOTIFICATION EBOOK

Transitional Provisions

Analysis of Short Term Accommodation Service Introduced by Finance Act, 2011

Veer Narmad South Gujarat University, Surat T.Y.B.Com. Semester 5

GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE TAX RESEARCH UNIT

FINAL EXAMINATION GROUP - IV (SYLLABUS 2016)

Transcription:

NOTIFICATION NO. 52/2011- ST DATED 30/12/2011 ISSUED BY CENTRAL GOVERNMENT IN EXERCISE OF POWER CONFERRED UNDER SECTION 93(1) FINANCE ACT, 1994 The Central Government has extended his warmth wishes of New Year 2012, with a gift vide Notification No. 52/2011 dated 30/12/2011, to the exporter of goods by providing the simplified Scheme for refund of service tax paid in service used for export of goods. The above notification was issued in supersession of earlier Notification No. 17/2009 dated 07/07/2009 issued by Ministry of Finance, amended from time to time. History Initially, the exemption/refund concept of service tax paid on services used for export of services was introduced by Notification No. 40/2007 dated 17/09/2007. Firstly, only 4 services relating to Port Services and Transport of such goods were prescribed in the said notification. Later, the scope of this notification was extended to 16 services by different notification issued in this connection. Benefits Now, the Central Govt. overriding all the earlier notifications in this regard, vide Notification no. 52/2011 dated 30/12/2011, has come with new and simplified scheme for refund of service tax paid used for export of goods which provide for the following benefits:- (i) Two new services have been added to the list against which refund of service tax paid service can be claimed. (ii) New option of claiming for refund based on certain percentage of FOB value of exported goods without any documentation. (iii) Fast refund with minimum difficulties (iv) Simplified procedure for claim of refund Page 1

Refund of Service tax paid on input services used for export of goods Option 1 Based on rates specified of FOB value i.e. without documentation Option 2 Based on full documentations Note:- The option can be different for different Bill of Export or Shipping Bill. Option 1 Without Documentation 1.1. Quantum of Refund: The amount of captioned refund shall be decided based on prescribed percentage of FOB of export goods. This percentage range is from Nil to 20 % of FOB value irrespective of actual amount of input tax paid in input services used for export of said goods. Page 2

1.2. Prescribed Goods: Goods falling under Approx. 288 Chapter or sub-heading of First Schedule to the Customs Tariff Act, 1975, (prescribed under Schedule of rates of this notification) have been specified which are eligible to avail this option. 1.3. Conditions for availing the option a. No CENVAT credit of service tax paid on the specified services used for export of the said goods has been taken under the CENVAT Credit Rules, 2004; b. the exemption shall not be claimed by a Unit or Developer of a SEZ; 1.4. Procedure to avail the option (i) (ii) (iii) Manufacturer-exporter, who is registered as an assessee under the Central Excise Act, 1944 shall register his central excise registration number and bank account number with the customs; Exporter who is not so registered under the provisions referred to in clause (i), shall register his service tax code number and bank account number with the customs; Service tax code number referred to in clause (ii), shall be obtained by filing a declaration in Form A-2 to the ACCE or DCCE, as the case may be, having jurisdiction over the registered office or the head office, as the case may be, of such exporter; Page 3

(iv) The exporter shall make a declaration in the electronic shipping bill or bill of export, as the case may be, while presenting the same to the proper officer of customs, to the effect that a. The refund of service tax paid on the specified services is claimed as a percentage of the declared FOB value of the said goods, on the basis of rate specified in the Schedule; b. No further refund shall be claimed in respect of the specified services, in any other manner, including on the ground that the refund obtained is less than the service tax paid on the specified services; (v) (vi) (vii) Service tax paid on the specified services eligible as refund under this exemption, shall be calculated by applying the rate specified for goods of a class or description, in the Schedule, as a percentage of the FOB value of the said goods; Amount so calculated as refund shall be deposited in the bank account of the exporter; Shipping bill or bill of export on which refund has been claimed on the basis of rate specified in the Schedule, is not eligible for refund claim on the basis of documents. Page 4

Option 2 Based on Documentation 2.1. Quantum of Refund Amount of input tax paid on specified services used for export of goods. 2.2. Specified Services 18 types of taxable services classified under different sub-clauses of clause (105) of Section 65 of Finance Act, 1994 (Service Tax Act) have been specified which are eligible for this option (prescribed in the table in the said captioned notification). 2.3. Conditions for availing the option a. No CENVAT credit of service tax paid on the specified services used for export of the said goods has been taken under the CCR, 2004; b. The exemption shall not be claimed by a Unit or Developer of a SEZ; c. The exporter claiming the exemption has actually paid the service tax on the specified service used for export of the said goods; d. The person liable to pay service tax under section 68 of the Service Tax Act on the specified service provided to the exporter and used for export of the said goods shall not be eligible to claim exemption for the specified service; e. Exemption by way of refund claimed by following this option, shall be subject to the conditions specified against the specified service in column (4) of the Table in the notification; Page 5

2.4. Procedure to avail the option (i) (ii) (iii) (iv) (v) The manufacturer-exporter, shall file a claim for refund of service tax paid on the specified service to the ACCE/DCCE, having jurisdiction over the factory of manufacture in Form A-1; The claim for refund shall be filed within one year from the date of export of the said goods; Where the total amount of refund sought under a claim is upto 0.25% of the total FOB value of export goods and the exporter is registered with the Export Promotion Council, Form A-1 shall be submitted along with relevant invoice, bill or challans etc, certified by proprietor or partner or director as the case may be. Where the total amount of refund sought under a claim is more than 0.25% of the total FOB value of export goods, the certification referred in point (iii) above, shall be made by the Chartered Accountant who audits the annual accounts of the exporter for the purposes of the Companies Act, 1956 or the Income Tax Act, 1961, as the case may be; ACCE/DCCE, after satisfying with the documentation and other facts, shall suction the fund claim within one month from receipt of claim. Note: - This note/analysis hav been drafted based on the personal interpretation of the facts/laws/notification in this regard. We shall not be responsible for any loss caused based on this interpretation. Page 6