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TMI Blog2012 (8) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... ner that impugned Circular dated 08.05 2012 is ultra vires the Point of Taxation Rules, 2011 and even the provisions of Finance Act, 1994. Learned counsel for the petitioner has drawn our attention to Point of Taxation Rules, 2011. Rule 2(e) whereof defines Point of Taxation as under: "(e) "point of taxation" means the point in time when a service shall be deemed to have been provided." 2. The d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the payment is received after the change in effective rate of tax, the point of taxation shall be the date of issuing of invoice: or (iii) where the payment is also received before the change in effective rate of tax, but the invoice for the same has been issued after the change in effective rate of tax, the point of taxation shall be the date of payment." 3. The service tax in respect of a cat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice. 5. Learned counsels for the respondents accept notice Counter affidavits, if any, be filed within one week. Rejoinder within one week thereafter. 6. List for final arguments and disposal on 14th August, 2012. it is made clear that since a pure question of law is involved, even if counter affidavits are not filed, the matter shall be heard finally. In the meantime, no coercive action shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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