TMI BlogPayment of Service TaxX X X X Extracts X X X X X X X X Extracts X X X X ..... n this regard]: 24 [****] 25 [Provided further that the service tax on the service deemed to be provided in the month of March, or the quarter ending in March, as the case may be, shall be paid to the credit of the Central Government by the 31st day of March of the calendar year.] 36 [***] Provided also that 69 [in case of such individuals, partnership firms and one person companies whose] aggregate value of taxable services provided from one or more premises is fifty lakh rupees or less in the previous financial year, the service provider shall have the option to pay tax on taxable services 45 [ provided or agreed to be provided ] by him up to a total of rupees fifty lakhs in the current financial year, by the dates specified in this sub-rule with respect to the month or quarter, as the case may be, in which payment is received.] 26 [****] 66 [Provided also that in the case of an assessee in the 67 [State of Tamil Nadu and the Union Territory of Puducherry (except Mahe Yanam)], the service tax payable for the month of November, 2015, shall be paid to the credit of the Central Government by the 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom it was received; or] (b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice had been issued.] 3 (4) Where an assessee is, for any reason, unable to correctly estimate, on the date of deposit, the actual amount payable for any particular month or quarter, as the case may be, he may make a request in writing to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, giving reasons for payment of service tax on provisional basis and the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, on receipt of such request, may allow payment of service tax on provisional basis on such value of taxable service as may be specified by him and the provisions of the 70 [ Central Excise Rules, 2002 ], relating to provisional assessment, except so far as they relate to execution of bond, shall, so far as may be, apply to such assessment. 13 (4A) Notwithstanding anything contained in sub-rule (4), where an assessee has paid to the credit of Central Government any amount in excess of the amount required to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Government. 52 [6A *** ] (7) The person liable for paying the service tax in relation to the services 46 [ of booking of tickets for travel by air ] provided by an air travel agent, shall have the option, to pay an amount calculated at the rate of 53 [0.7 per cent] of the basic fare in the case of domestic bookings, and at the rate of 54 [1.4 per cent] of the basic fare in the case of international bookings, of passage for travel by air, during any calendar month or quarter, as the case may be, towards the discharge of his service tax liability instead of paying service tax 9 at the rate specified in 47 [ section 66B ] of Chapter V of the Act and the option, once exercised, shall apply uniformly in respect of all the bookings of passage for travel by air made by him and shall not be changed during a financial year under any circumstances. Explanation . - For the purposes of this sub-rule, the expression basic fare means that part of the air fare on which commission is normally paid to the air travel agent by the airline. 35 [(7A) An insurer carrying on life insurance business shall have the option to pay tax: (i) on the gross pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in column (3) of the said Table, instead of paying service tax at the rate specified in section 66B of Chapter V of the said Act : ] 76 [ (7CA) The person liable for paying service tax for the taxable services provided or agreed to be provided by a person located in non-taxable territory to a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India, shall have the option to pay an amount calculated at the rate of 1.4% of the sum of cost, insurance and freight (CIF) value of such imported goods. ] Table Sl. No. Rate Condition (1) (2) (3) 1. Rs 62 [8200] on every ₹ 10 Lakh (or part of ₹ 10 Lakh) of aggregate face value of lottery tickets printed by the organising State for a draw If the lottery or lottery scheme is one where the guaranteed prize payout is more than 80% 2. Rs 63 [12800] on every ₹ 10 Lakh (or part of ₹ 10 Lakh) of aggrega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service tax liability calculated under sub-rule (7), (7A), 77 [ (7B), (7C) or (7CA) ] of rule 6 by 72 [ effective rate of Swachh Bharat Cess ] and dividing the product by 73 [ rate of service tax specified in section 66B of the Finance Act, 1994 ], during any calendar month or quarter, as the case may be, towards the discharge of his liability for Swachh Bharat Cess instead of paying Swachh Bharat Cess at the rate specified in sub-section (2) of section 119 of the Finance Act, 2015 (20 of 2015) read with notification No.22/2015-Service Tax, dated the 6th November, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 843 (E), dated the 6th November, 2015, and the option under this sub-rule once exercised, shall apply uniformly in respect of such services and shall not be changed during a financial year under any circumstances.] 74 [ (7E) The person liable for paying the service tax under sub-rule (7), (7A), 77 [ (7B), (7C) or (7CA) ] of rule 6 , shall have the option to pay such amount as determined by multiplying total service tax liability calculated under sub-rule (7), (7A), 77 [ (7B), ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the credit of the Central Government by the 25th of the month immediately following the said quarter. 12 Provided further that the Service Tax on the value of taxable services received during the month of March or the quarter ending March, shall be paid to the credit of the Central Government by the 31st day of March of the calendar year. 8 Explanation.- For the removal of doubt it is hereby clarified that in case the value of taxable service is received before providing the said service, service tax shall be paid on the value of service attributable to the relevant month, or quarter, as the case may be. 2 Omitted Earlier sub rule (1) has been substituted vide Notification No. 54/98 dated 7/10/1998 , before it was read as, [ (1) The assessee shall deposit with the bank designated by the Central Board of Excise and Customs for this purpose in Form TR-6 [A] or in any other manner as may be prescribed by the Central Board of Excise and Customs by the 15th of the month immediately following the calendar month, the service tax collected by him on the value of taxable service: Provided that where an assessee is, for any reason, unable to cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng such further documents or records as he may consider necessary and proper in the circumstances of the case. Explanation. - For the purposes of this rule and rule 7, Form TR-6 means a memorandum or challan referred to in rule 92 of the Treasury Rules of the Central Government. ] [A]. Has been inserted vide Notification No. 8/96 dated 26/11/19996 [B]. Has been inserted vide Notification No. 20/97 dated 26/6/1997 [C]. Has been inserted vide Notification No. 27/97 dated 11/7/1997 2. Has been Omitted vide Notification No. 12/2002 dated 1/8/2002 , before it has been inserted vide Notification No. 1/99 dated 28/2/1999 as, [ Provided further that, in the case of a person who is a non-resident or is from outside India, does not have any office in India and is liable to pay service tax on taxable services provided in India,- (i) the service tax thereon shall be paid by such person or on his behalf by any other person authorised by him, who shall submit to the Commissioner of Central Excise in whose jurisdiction the taxable services have been rendered, a return, containing the following details, (a) name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o such agent by the insurer appointing such agent. ] 6. Has been inserted vide Notification No. 12/2002 dated 1/8/2002 7. For the numbers and figures 0.5% , the numbers and figures 0.6% and for the numbers and figures 1.0% , the numbers and figures 1.2% has been substituted vide Notification No. 17/2006 dated 25/4/2006 , Earlier For the numbers and figures 0.4% , the numbers and figures 0.5% and 0.8% , the numbers and figures 1.0% has been substituted vide Notification No. 27/2004 dated 13/9/2004 , before for the numbers and figures 0.25% , the number and figures 0.4% and for 0.5% , the numbers and figures 0.8% and for five per cent. , the words eight per cent. Has been substituted vide Notification No. 4/2003 dated 14/5/2003 8. Has been inserted vide Notification No. 5/2004 dated 9/7/2004 9. For the words at the rate of eight per cent. of the value of taxable service rendered by him the words, figures and letters at the rate specified in section 66 of Chapter V of the Act has been substituted vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit the service tax liable to be paid by him electronically, through internet banking. 16. Has been inserted vide Notification No. 28/2007 dated 22/5/2007 Further Substituted vide Notification No.36/2012- Service Tax, Dated 20/06/2012 , before it was read as:- Notwithstanding anything contained in sub-rules (4), (4A) and (4B), where the person liable to pay service tax in respect of services provided or to be provided in relation to renting of immovable property, referred to in sub-clause (zzzz) of clause (105) of section 65 of the Act, has paid to the credit of Central Government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter, as the case may be, on account of non-availment of deduction of property tax paid in terms of notification No.24/2007-Service Tax, dated the 22 nd May, 2007 , from the gross amount charged for renting of the immovable property for the said period at the time of payment of service tax, the assessee may adjust such excess amount paid by him against his service tax liability within one year from the date of payment of such property tax. The details of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t : 22. Substituted vide notification no. 3/2011 ST dated 1.3.2011 , before it was read as, payments are received, towards the value of taxable services 23. Substituted vide notification no. 3/2011 ST dated 1.3.2011 , before it was read as, payments are received, towards the value of taxable services 24. Omitted vide notification no. 3/2011 ST dated 1.3.2011 , before it was read as, Provided further that notwithstanding the time of receipt of payment towards the value of services, no service tax shall be payable for the part or whole of the value of services, which is attributable to services provided during the period when such services were not taxable: 25. For the words Provided also that the words Provided further that substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 Earlier, it was Substituted vide notification no. 3/2011 ST dated 1.3.2011 , before it was read as, Provided also that the service tax on the value of taxable services received during the month of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31. Inserted vide notification no. 26/2011 ST dated 31.3.2011 w.e.f. 1.4.2011 32. Substituted vide notification no. 26/2011 ST dated 31.3.2011 w.e.f. 1.4.2011, before it was read as, (a) has refunded the payment or part thereof, so received alongwith the service tax payable thereon for the service to be provided by him to the person from whom it was received; or 33. Substituted vide notification no. 26/2011 ST dated 31.3.2011 w.e.f. 1.4.2011, before it was read as, at the rate of 29 [0.1 per cent. of the gross amount] of currency exchanged 34. Substituted vide notification no. 26/2011 ST dated 31.3.2011 w.e.f. 1.4.2011, before it was read as, of the Act 35. Substituted vide notification no. 35/2011 ST dated 25.4.2011 w.e.f. 1.5.2011 , before it was read as, 10 (7A) An insurer carrying on life insurance business liable for paying the service tax in relation to the risk cover in life insurance provided to a policy holder shall have the option to pay an amount calculated at the rate o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 38 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 0.1 per cent. 39 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, rupees 25. 40 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 100 and 0.05 per cent. 41 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 550 and 0.01 per cent. 42 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 5000 43 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 6000 44 Substituted vide notification no. 3/2012 ST dated 17-3-2012, w.e.f. 1.4.2012 , before it was read as, 9000 45 Substituted vide Notification No. 36/2012- Service Tax, Dated 20/06/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -2015 w.e.f. 1st day of June, 2015, before it was read as, 3 per cent. 56. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, 1.5 per cent. 57. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, 38 0.12 per cent 58. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, 39 rupees 30 59. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, 40 [120 and 0.06 per cent.] 60. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, 41 [660 and 49 [ 0.012 per cent.] 61. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st day of June, 2015, before it was read as, rupees 42 [6000] 62. Substituted vide Not. 05/2015 - Dated 1-3-2015 w.e.f. 1st d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
