[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.