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Transcript of SERVICE TAX [email protected] .
SERVICE TAX
[email protected] www.swamyassociates.com
Basic FeaturesBasic Features
Statutory provisions.
Levy on service provider - Exceptions.
Levy on realisation.
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Classification of ServiceClassification of Service
Specific description than general description.
Essential character.
Which occurs first in the definition.
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Valuation…Valuation…
Gross amount.
Cum - tax.
Abatements.
Notification 12/2003.
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Valuation…Valuation…
Services rendered free.
Consideration in kind.
Reimbursement of expenses. Upto 18.04.2006 – No liability. Judgements and circulars. From 19.04.2006 – Concept of pure agent. Malabar Management Services VS CCE 2008(9) STR 483
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Proceedings in Service TaxProceedings in Service Tax Issue of show cause notice.
Adjudication.
Appellate remedies.
Commissioner (Appeals) CESTAT High Court / Supreme Court
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Procedures in Service Tax…Procedures in Service Tax…
Registration – Centralised Registration.
Issue of invoice.
Maintenance of records.
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Payment of service tax. - Due date. - Advance payment. - e payment. - Self adjustment – if service not rendered. - Provisional payment. - Self adjustment of excess payments.
Procedures in Service Tax.Procedures in Service Tax.
Filing of return – ST 3. - Due date / Half yearly. - Revised return. - Fine for delayed return.
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Penalties in Service Tax.Penalties in Service Tax.
Sec. 76 – Delayed payment of S.Tax.
Sec. 77 – General Penalty.
Sec. 78 – Suppression, etc.
Rule 7 C – Fine for delayed return.
Sec. 80 – Power of waiver.
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Certain important services.Certain important services.
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Business Auxiliary Service.Business Auxiliary Service.
Promotional activities. Customer care services.
Procurement of goods or services.
Production or processing.
Provision of service on behalf of client.
Manufacture – excluded.
Notification 8/2005.
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Commercial / Industrial Commercial / Industrial construction Service.construction Service.
Exclusion for roads, airports, railways transport terminals, bridges, tunnels, dams and ports.
67 % Abatement.
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Construction of Residential Construction of Residential Complex Service.Complex Service.
More than 12 units..
Personal use - exempted.
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Consulting Engineering Consulting Engineering Service.Service.
Foreign Technological transfers. Novinon Ltd. VS CCE 2006 (3) STR 397
To cover software too.
Customs House Agents Customs House Agents Service.Service.
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Erection, Commissioning and Erection, Commissioning and Installation Service.Installation Service.
Franchise Service. Franchise Service.
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Intellectual Property Service. Intellectual Property Service.
Management Consultant Management Consultant Service. Service.
Manpower recruitment / Supply Manpower recruitment / Supply agencies. agencies.
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Goods Transport Agency Goods Transport Agency Service. Service.
Reverse Charge.
Abatement.
Exemption.
Payment mode.
No SSI exemption.
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Renting of immovable Renting of immovable property. property.
Support Services for business. Support Services for business.
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Works Contract Service. Works Contract Service.
Re-classification.
Composition Scheme.
Vice of Notification 1/2006.
Diebold Systems (P) Ltd Vs CCE 2008 (9) STR 546. Air Liquide Engg. India (P) Ltd. Vs CCE 2008 (9) STR 486.
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Sale Vs Service.
S.No Citation Decision
1 BSNL Vs UOI – 2006 (2) STR 161 SC
It has been held that the sale value of goods shall not be subjected to the levy of service tax.
2 Idea Mobile Communications Limited VS CCE – 206 (4) STR 132 Tri – Bang
Levy of sales tax and service tax are constitutionally mutually exclusive.
3 BPL Mobile Communications Limited VS CCE – 2007 (7) STR 440
Sale of SIM cards is sale and sales tax is paid. Hence service tax is not payable.
4 Imagic Creative (P) Limited Vs CCE – 2008 (9) STR 337 SC
Service tax and VAT are mutually exclusive.
5 Thermax Limited Vs CCE – 2007 (8) STR 487
Service tax not leviable when sales tax is paid.
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Small Scale exemption. Small Scale exemption.
Threshold limit.
Conditions.
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Commercial Concern Commercial Concern VsVs
Any person. Any person.
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Export of Service and Import of Export of Service and Import of Service.Service.
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CENTRAL EXCISE CENTRAL EXCISE
byby
g. natarajang. natarajanadvocate & cost accountantadvocate & cost accountant
CENTRAL EXCISEAND CENVAT
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MANUFACTUREMANUFACTURE
Section 2 (f) Deemed manufacture. Third schedule.
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SECTION 4 & Valuation RulesSECTION 4 & Valuation Rules
Rule 4 - Comparable goods.Rule 4 - Comparable goods. Rule 5 - Freight and Insurance.Rule 5 - Freight and Insurance. Rule 6 - Additional consideration.Rule 6 - Additional consideration. Rule 7 - Depot clearance.Rule 7 - Depot clearance. Rule 8 - Captive consumption.Rule 8 - Captive consumption. Rule 9 - Related person.Rule 9 - Related person. Rule 10 - Interconnected undertaking.Rule 10 - Interconnected undertaking. Rule 10A – Jobwork.Rule 10A – Jobwork. Rule 11 - Best judgementRule 11 - Best judgement
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SECTION 4 ASECTION 4 A
Weights and Measures. OE Exemption. Different MRP.
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EXPORTSEXPORTS
Exports without payment of duty. Exports under claim for rebate. Protection of Cenvat Credit.
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APPELLATE / OTHER REMEDIESAPPELLATE / OTHER REMEDIES
Commissioner (Appeals).
CESTAT.
Settlement Commission.
Pre deposit.
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PENAL MEASURESPENAL MEASURES
Various penalties.
Provisional attachment of property.
Prosecution.
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Basic FeaturesBasic Features
Concept of Cenvat credit.
Landmarks – 1986, 1994 & 2004.
Cenvat Credit Rules, 2004.
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ApplicabilityApplicability
Manufacturers.
Service providers.
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Certain terms.Certain terms.
Input.
Capital goods.
Input Services.
Input Service Distributor.
First / Second stage dealer.
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Cenvatable duties / taxesCenvatable duties / taxes
Basic Excise Duty.
CVD.
NCCD.
Education CESS.
Addl. Duty of Customs – Sec. 3(5).
Service Tax and CESS thereon.
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Utilisation and Restrictions on Utilisation and Restrictions on utilisationutilisation
Payment of Excise duty.
Payment of Service tax.
Other payments.
Cross utilisation.
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Other conditions.Other conditions.
Removal of inputs / capital goods - the story “as such”.
Capital goods – 50 % restriction.
No to “having the cake and eating it too” - Depreciation / Cenvat Credit.
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Other conditions.Other conditions.
Removal for job work.
Write off.
Service Tax Credit - Pay and use.
Documents for availing credit.
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Rule 6 Algebra.Rule 6 Algebra.
Position upto 31.03.2008.
Position from 01.04.2008.
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Rule 6.Rule 6.
Protection to certain clearances.
Protected Services.
Chandrapur Magnet Wires (P) Ltd Vs CCE. 1996 (81) ELT 3 SC - Recent developments.
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Certain common disputes…Certain common disputes…
Credit for mobile phone. India Rayon Industries Ltd. Vs CCE 2006 (4) STR 79.
Credit for outdoor catering. Victor Gaskets India Ltd Vs CCE 2008 – TIOL – 409.
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Certain common disputes…Certain common disputes…
Credit for outward transportation.
- Gujarat Ambuja Cements Ltd. Vs CCE. 2007 (6) STR 249. - India Cements Limited Vs CCE 2007 (8) STR 43. - Master Circular and recent amendments.
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[email protected] www.swamyassociates.com
CUSTOMS
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Role of customs
• Collection of import & export duties
• enforcement of customs act
• enforcing prohibitions/restrictions
• prevention of smuggling
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• Imports
• IGM (by shipping lines)
• cargo declaration
• Bill of Entry
• assessment
• duty Payment
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• Exports
• Shipping bill, Invoice, ARE#
• assessment
• duty Payment (if any)
• EGM (by shipping lines)
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Customs Valuation Rules, 2007
•The Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Notfn. No. 94/2007-Cus(NT) dated 13-9-07
• The Customs Valuation (Determination of Value of Exported Goods) Rules, 2007 - Notfn. No. 95/2007-Cus(NT) dated 13-9-07
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Value of imported goods
• transaction value – Section 14 (1) of CA, 1962• deductive value – Rule 7 • computed value – Rule 8• residual method – Rule 9• similar goods / identical goods• related person• provisionally assessed value is not transaction value.
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Value of exported goods
•transaction value – Section 14 (1) of CA, 1962• computed value – Rule 5• residual method – Rule 6
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refunds
• claim to be filed within six months. • one year for some persons.• no time limit for duty / interest paid under protest• unjust enrichment
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[email protected] www.swamyassociates.com
RE-EXPORT OF IMPORTED GOODS
• 98% of Customs duties drawback
• within 2 years from the date of import
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Export promotion schemes
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duty drawback
• all india industry rate
• brand rate
• simplified scheme
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Advance licence
• actual user condition
• physical exports
• intermediate supplies
• deemed exports
• invalidation
• export obligation
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export oriented units• customs bonded ware house
• duty free imports
• B-17 bond
• procurement of indigenous goods
– CT-3 procedure
• DTA sale - valuation – section 3 of
CA, 1962.
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export oriented units• sale of surplus / un-utilised goods
• clearance under ARO/inland letter/DFRC
• sub-contracting
• inter-unit transfer
• de-bonding
Basic FeaturesBasic Features
duty free imports
indigenous procurement
sub-contracting
DTA clearances
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duty free imports of goods and services
exempt from customs duties – customs act.
exempt from service tax – finance act, 04
securities transaction tax – finance act, 04
exempt from most cesses.
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Indigenous procurement
exempt from excise duty (from 11-5-2004),
service tax and most Cesses.
DTA supplier’s benefit – export entitlements
Cenvat credit on materials used in goods
supplied to SEZ units. (Rule 6(6) of CCR)[email protected] www.swamyassociates.com
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Sub-contracting – Rules 41 to 44 of SEZ rules
can under take job-work of DTA units (for exports only) trading units not allowed SEZ developer/Co-developer/contractor– may subcontract a process into DTA permission of DC/AC Customs required.
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DTA Clearance– Section 30 of SEZ Act.
to be cleared on payment of customs duties as if imported. valuation as per CV(DoPoI)R,88 quantity or value - no limit on sale
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39/2001-CE dated 31-7-2001
Exemption to excisable goods manufactured in Kutchh (Gujarat)
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applicable to new industrial units
commercial production before 31-
12-2005
not applicable to SSI units
exceptions
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pay excise duty through cenvat
credit account
after exhausting cenvat account,
pay through PLA (cash)
take re-credit of PLA amount on
15th of next month.
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1st amendment – 42/2001-CE dated 21-9-2001
Original value of plant & machinery to be as certified by CA (under head fixed assets)
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2nd amendment - 5/2003-CE dated 13-2-2003
‘refund shall not exceed the amount of duty paid LESS the amount of cenvat credit availed of, used in relation to the manufacture of goods’.
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3rd amendment - 16/2003-CE dated 1-3-2003
‘refund shall not exceed the amount of duty paid LESS the amount of cenvat credit availed of, used in relation to the manufacture of goods’.
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[email protected] www.swamyassociates.com
[email protected] www.swamyassociates.com
4th amendment - 65/2003-CE dated 6-8-2003
‘para 1A (i) to (iii),
para 2A (a) to g, inserted’
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[email protected] www.swamyassociates.com
[email protected] www.swamyassociates.com
5th amendment - 16/2008-CE dated 27-3-2008
new words replaces old words –
“to the duty payable on the value addition undertaken in the manufacture of the said goods by the said unit.”
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[email protected] www.swamyassociates.com
[email protected] www.swamyassociates.com
rebate of excise duty on exports
682/73/2002-CX dated 19-12-2002 – refund of duty paid in cash.
842/19/2006-CX dated 8-12-2006 – contents of circular dated 19-12-2002 applies to kutchh also. 209/11/2005-CX-6 dated 8-12-2006 – rebate on goods manufactured in kutchh.
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209/11/2005-CX-6 dated 3-4-2007 – clarification to board’s instruction dated 8-12-2006
37/2007-CE(NT) dated 17-9-2007 – bans rebate on export for units availing benefits of 39/2001. 209/11/2005-CX-6 dated 13-10-2007 – board’clarifies – export after 17-9-2007 may be done only under bond.
rebate of excise duty on export
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Rule 18 of CER, 2001 amended - Rebate allowed from 1-7-2001 to 28-2-2002 – Fifth schedule of Finance Bill enacted on 10-5-2008
Rule 18 of CER, 2002 amended - Rebate allowed from 1-3-2002 upto 7-12-2006 –Sixth schedule of Finance Bill enacted on 10-5-2008
rebate of excise duty on export
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