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TMI BlogSeeks to amend Service Tax RulesX X X X Extracts X X X X X X X X Extracts X X X X ..... 2. 2. In the Service Tax Rules, 1994 (hereinafter referred to as the principal rules), in rule 2,- (i) after sub-clause (b), the following three sub-clauses shall be inserted, namely:-- "(bb) "banking company" has the meaning assigned to it in clause (a) of section 45A of the Reserve Bank of India Act, 1934 (2 of 1934); (bc) "body corporate" has the meaning assigned to it in clause (7) of section 2 of the Companies Act, 1956 (1 of 1956); (bd) "financial institution" has the meaning assigned to it in clause (c) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934);" (ii) after sub-clause (c), the following sub-clause shall be inserted, namely:-- "(c1a) "goods carriage" has the meaning assigned to it in clause (14) of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (63 of 1948); (II) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; (III) any co-operative society established by or under any law; (IV) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder; (V) any body corporate established, by or under any law; or (VI) any partnership firm whether registered or not under any law including association of persons; any person who pays or is liable to pay freight either himself or through his agent for the transportation of such goods by road in a goods carriage: Provided that when such person is located in a non-taxable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied under sub-section (2) of section 68 of the Act, for each respectively. (G) in relation to any taxable service provided or agreed to be provided by any person which is located in a non-taxable territory and received by any person located in the taxable territory, the recipient of such service; (ii) in a case other than sub-clause (i), means the provider of service." (vi) after sub-clause (d), the following sub-clause shall be inserted, namely:-- '(dd) "place of provision" shall be the place as determined by Place of Provision of Services Rules 2012;' (vii) after sub-clause (e), the following sub-clauses shall be inserted, namely:-- '(f) "renting of immovable property" means any service provided or agreed to be provided by rentin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... financial company providing service to any person, the period within which the invoice, bill or challan, as the case may be, is to be issued, shall be forty-five days:" ; (v) for the fifth proviso, the following proviso shall be substituted, namely:- "Provided that in case the provider of taxable service is providing the service of transport of passenger, an invoice, a bill or as the case may be, challan shall include ticket in any form by whatever name called and whether or not containing registration number of the provider of service and address of the recipient of service but containing other information in such documents as required under this sub-rule"; (B) in sub-rule (2), for the first proviso, the following proviso shall be subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of notification No. 29/2012-Service Tax , dated the 20th June, 2012, 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 and the details of such adjustment shall be intimated to the Superintendent of Central Excise having jurisdiction over the service provider within a period of fifteen days from the date of such adjustment."; (4) in sub-rule (7),- (a) after the words "to the services", the words "of booking of tickets for travel by air" shall be inserted; (b) for the word and figures "section 66", the word, fig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter V of the said Act :" (ii) in the third proviso, for the words "service under the said sub-clause", the words "such service" shall be substituted; 8. In the principal rules, after rule 6, the following rule shall be inserted, namely:-- "RULE 6A. Export of services.- (1) The provision of any service provided or agreed to be provided shall be treated as export of service when,- (a) the provider of service is located in the taxable territory , (b) the recipient of service is located outside India, (c) the service is not a service specified in the section 66D of the Act, (d) the place of provision of the service is outside India, (e) the payment for such service has been received by the provider of service in convertible foreign exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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