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Rebate/refund of SB Cess on exports & services used in SEZ; Cenvat credit cannot be used for SB Cess & others

Service Tax - By: - Bimal jain - Dated:- 8-2-2016 - Dear Professional Colleague, Rebate/refund of SB Cess on exports & services used in SEZ; Cenvat credit cannot be used for SB Cess & others The Central Government ( CG ) has issued various Notifications under the Service tax and the Central Excise for extending the benefit of refund/rebate to the Swachh Bharat Cess ( SB Cess ) component and the input services used beyond factory for export. Further, the Cenvat Credit Rules, 2004 ( the Cr .....

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1/2012-Service Tax dated June 29, 2012 (Rebate of Service tax paid on the taxable services which are received by an exporter of goods and used for export of goods) [ Notification No. 41 ] to include the taxable services that have been used beyond factory or any other place or premises of production or manufacture of the goods, for their export, in the case of excisable goods, under the definition of specified services . Further, clause (B) of Notification No. 41 prescribing definition of place o .....

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the figures 0.06, wherever they occur, the figures 0.07 shall be substituted; (iii) for the figures 0.08, wherever they occur, the figures 0.09 shall be substituted; (iv) for the figures 0.12, wherever they occur, the figures 0.14 shall be substituted; (v) for the figures 0.18, wherever they occur, the figures 0.21 shall be substituted; and (vi) for the figures 0.20, wherever they occur, the figures 0.23 shall be substituted Refund of SB Cess paid on specified services used in Special Economic Z .....

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Z Unit or the Developer in the manner as prescribed in Rule 7 of the Credit Rules, will be determined by multiplying total Service tax distributed to the SEZ Unit or the Developer in the manner as prescribed in Rule 7 of the Credit Rules by effective rate SB Cess and dividing the product by rate of Service tax specified in Section 66B of the Finance Act, 1994. Rebate of SB Cess paid on all the input services used in providing services exported The CG vide Notification No. 03/2016-Service Tax dat .....

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dit shall not be used for payment of SB Cess The CG vide Notification 02/2016-CE(NT) dated February 3, 2016 ( Excise Notification No. 2 ), has amended Rule 3(4) of the Credit Rules, to insert a proviso providing that Cenvat credit shall not be used for payment of SB Cess. It may also be noted here that the Central Board of Excise and Customs in their Frequently Asked Questions released on November 14, 2015 on SB Cess, had specifically provided that because SB Cess is not integrated in the Cenvat .....

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