[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, IN PART II, SECTION 3,
SUB-SECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(Department
of Revenue)
New
Delhi, the 1st April, 2008
Notification
No.17/2008-Service Tax
G.S.R.
(E).- In exercise of the powers conferred by sub-section (1) of section
93 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes
the following further amendments in the notification of the Government of India
in the Ministry of Finance (Department of Revenue) No.41/2007-Service Tax, dated
the 6th October, 2007 which was published in the Gazette of India,
Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 645(E),
dated the 6th October, 2007, namely:-
In
the said notification, in the Schedule, after Sr.No.12 and the entries relating
thereto, the following shall be inserted, namely:-
|
(1) |
(2) |
(3) |
(4) |
|
“13. |
section
65(105)(h) |
services
provided by a custom house agent in relation export goods exported by
the exporter. |
exporter
shall produce,- (i)
invoice issued by custom house
agent for providing services specified in column (3) specifying:
(a) number and date of shipping bill,
(b) description of export goods,
(c) number and date of the invoice issued by the exporter
relating to export goods,
(d) details of all the charges, whether or not reimbursable,
collected by the custom house
agent from the exporter in relation to export goods, (ii)
details of other taxable services provided by the said custom
house agent and received by the exporter, whether or not
relatable to export goods. |
|
14. |
section
65(105)(zm) |
(i)
services provided in relation to collection of export bills, (ii)
services provided in relation to export letters of credit such as
advising commission, advising amendment, confirmation charges. |
exporter
shall produce evidence to link the use of services specified in column
(3) for goods exported. |
|
15. |
section
65(105)(zzb) |
Services
provided by a commission agent, located outside India, and engaged under
a contract or agreement or any other document by the exporter in India,
to act on behalf of the exporter, to cause sale of goods exported by
him. |
(i)
exporter shall provide agreement or contract or any other document,
requiring the commission agent located outside India to provide services
to the exporter in relation to sale of export goods, outside India, (ii)
exporter shall declare the amount of commission paid or payable to the
commission agent in the shipping bill, (iii)
commission sought to be remitted is not on export of a canalized item,
project exports, or exports financed under lines of credit extended by
Government of India or EXIM Bank, or exports made by Indian partners
towards equity participation in an overseas joint venture or wholly
owned subsidiary, (iv)
documents evidencing actual export of goods, (v)
documents evidencing actual payment of commission to the commission
agent, (vi)
refund of service tax shall be restricted to actual amount of service
tax paid or service tax calculated on two per cent. of FOB value of
export goods, whichever is less.” |
2.
This notification shall come into force on the date of its publication in the
Official Gazette.
[F.No.341/15/2007-TRU]
(G.G.
Pai)
Under
Secretary to the Government of India
Note.-
The principal notification was published in the Gazette of
India, Extraordinary, Part II, section 3, sub-section (i), vide number G.S.R.
645(E), dated the 6th October, 2007 and was last amended by notification
No.3/2008-Service Tax, dated the 19th February, 2008 which was published in the
Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number
G.S.R. 94(E), dated the 19th February, 2008.