TMI BlogAmends Point of Taxation Rules, 2011X X X X Extracts X X X X X X X X Extracts X X X X ..... shall come into force on the 1st day of April, 2012. 2. In the Point of Taxation Rules, 2011 (hereinafter referred to as the said rules), in rule 2, (a) after clause (b), the following clause shall be inserted, namely : (ba) change in effective rate of tax shall include a change in the portion of value on which tax is payable in terms of a notification issued in the Official Gazette under the provisions of the Act, or rules made thereunder; (b) in clause (c), for the words or to be provided continuously, under a contract, for a period exceeding three months, , the words or to be provided continuously or on recurrent basis, under a contract, for a period exceeding three months with the obligation for payment periodically or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inserted, namely: Provided that for the purposes of clauses (a) and (b), (i) in case of continuous supply of service where the provision of the whole or part of the service is determined periodically on the completion of an event in terms of a contract, which requires the receiver of service to make any payment to service provider, the date of completion of each such event as specified in the contract shall be deemed to be the date of completion of provision of service; (ii) wherever the provider of taxable service receives a payment up to rupees one thousand in excess of the amount indicated in the invoice, the point of taxation to the extent of such excess amount, at the option of the provider of taxable service, shall be det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxation shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.‟ 9. After rule 8 of the said rules, the following rule shall be inserted, namely: 8A. Determination of point of taxation in other cases.- Where the point of taxation cannot be determined as per these rules as the date of invoice or the date of payment or both are not available, the Central Excise officer, may, require the concerned person to produce such accounts, documents or other evidence as he may deem necessary and after taking into account such material and the effective rate of tax prevalent at different points of time, shall, by an order in writing, after giving an opportuni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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