TMI BlogExhibits - The Place of Provision of Services Rules, 2012X X X X Extracts X X X X X X X X Extracts X X X X ..... fication of the Government of India in the Ministry of Finance, Department of Revenue, number 11/2006-ST dated the 19th May, 2006 published in the Gazette of India Extraordinary, Part II, Section 3, Sub-Section ( i ) vide number G.S.R. 227 (E) dated the 19th May, 2006.., except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules for the purpose of determination of the place of provision of services, namely:- 1 . Short title, extent and commencement.- (1) These rules may be called the Place of Provision of Services Rules, 2012. (2) They shall come into force on 1st day of July, 2012. 2. Definitions.- In these rules, unless the context otherwise requires ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provider has obtained a single registration, whether centralized or otherwise, the premises for which such registration has been obtained; ( b ) where the service provider is not covered under sub-clause ( a ): ( i ) the location of his business establishment; or ( ii ) where the services are provided from a place other than the business establishment, that is to say, a fixed establishment elsewhere, the location of such establishment; or ( iii ) where services are provided from more than one establishment, whether business or fixed, the establishment most directly concerned with the provision of the service; and ( iv ) in the absence of such places, the usual place of residence of the service provider. ( i ) l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r any scheme or arrangement or in any other manner, or lending in any manner; or ( iii ) such other non-banking institution or class of such institutions, as the Reserve Bank of India may, with the previous approval of the Central Government and by notification in the Official Gazette specify; ( l ) online information and database access or retrieval services means providing data or information, retrievable or otherwise, to any person, in electronic form through a computer network; ( m ) person liable to pay tax shall mean the person liable to pay service tax under section 68 of the Act or under sub-clause ( d ) of sub-rule (1) of rule (2) of the Service Tax Rules, 1994; ( n ) provided includes the expression to be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice, in order to provide the service: Provided that when such services are provided from a remote location by way of electronic means the place of provision shall be the location where goods are situated at the time of provision of service: Provided further that this sub-rule shall not apply in the case of a service provided in respect of goods that are temporarily imported into India for repairs, reconditioning or reengineering for re-export, subject to conditions as may be specified in this regard. ( b ) services provided to an individual, represented either as the recipient of service or a person acting on behalf of the recipient, which require the physical presence of the receiver or the person acting on behalf of the receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice, where the location of the provider of service as well as that of the recipient of service is in the taxable territory, shall be the location of the recipient of service. 9. Place of provision of specified services.- The place of provision of following services shall be the location of the service provider:- ( a ) Services provided by a banking company, or a financial institution, or a non-banking financial company, to account holders; ( b ) Online information and database access or retrieval services; ( c ) Intermediary services; ( d ) Service consisting of hiring of means of transport, upto a period of one month. 10. Place of provision of goods transportation services.- The place of provision of services of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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