TMI BlogClarification on Point of Taxation Rules - regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... To Chief Commissioner of Customs and Central Excise (All) Chief Commissioner of Central Excise Service Tax (All) Director General of Service Tax Director General of Central Excise Intelligence Director General of Audit Commissioner of Customs and Central Excise (All) Commissioner of Central Excise and Service Tax (All) Commissioner of Service T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received in this regard. The position of law in the above respect is clear and is detailed below. 3. Rule 4 of the Point of Taxation Rules 2011 deals with the situations of change in effective rate of tax. In case of airline industry, the ticket so issued in any form is recognised as an invoice by virtue of proviso to Rule 4A of Service Tax Rules 1994 . Usually in case of online ticketing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Indian Contract Act 1872, the payment to the agent is considered as payment to the principal. Accordingly as per Rule 4(b)(ii), the point of taxation shall be the date of receipt of payment or date of issuance of invoice, whichever is earlier. Thus the service tax shall be charged @10% subject to applicable exemptions plus cesses in case of tickets issued before 1 st April 2012 when the pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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