TO BE PUBLISHED IN
THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3 SUB-SECTION (i)
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(DEPARTMENT
OF REVENUE)
New
Delhi, the 2nd
September, 2008
11,
Bhadrapada 1930 (Saka)
Notification
No. 31/2008-Service Tax
G.S.R.
(E) In exercise of the powers conferred
by section 94 of the Finance Act, 1994 (32 of 1994), the Central Government
hereby makes the following rules further to amend the Service Tax Rules, 1994,
namely :-
1.
(1) These
rules may be called the Service Tax (Third Amendment)
Rules, 2008.
(2)
They shall come into force on the date of their publication in the Official Gazette.
2.
In the Service Tax Rules,
1994, in Form ST-3,-
(i) after serial No.3 and the entries relating thereto, the following
shall be inserted, namely,-
4. Amount of service tax paid in
advance under sub-rule(1A) of rule 6
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Month/Quarter** |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
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(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(a) |
Amount
deposited in advance |
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(b) |
Challan
Nos. |
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(c) |
Challan
dates |
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. |
**
Assessee liable to pay service tax on quarterly basis may furnish details
quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, Jan-Mar
(ii) in serial No. 4A, in
entry (I),
(a)
in item (a), after sub-item (ii)and the entries relating thereto, the
following shall be inserted, namely,-
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Month/Quarter** |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
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|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(iia)by
adjustment of amount earlier paid in advance and adjusted in this period
under rule 6 (1A). |
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. |
(b)
in item (b), after sub-item (ii)and the entries relating thereto, the
following shall be inserted, namely,-
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Month/Quarter** |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
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|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(iia)by adjustment of amount earlier paid in advance and
adjusted in this period under rule 6 (1A). |
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. |
(c)
in item (c), after sub-item (ii) and the entries relating thereto, the
following shall be inserted, namely,-
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Month/Quarter** |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(iia)by adjustment of amount earlier paid in advance and
adjusted in this period under rule 6 (1A). |
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. |
(iii) in serial No. 5A, after item (c) and the entries relating
thereto, the following shall be inserted, namely,-
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(1) |
(2) |
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(d) |
If
any one of the (a) and (b) is yes , and (c) is no , which
option is being availed under rule 6 (3) of the Cenvat Credit Rules,
2004 |
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(i)
Opted to pay an amount equal to 10% of the value of exempted
goods and 8% of the value of exempted service (Y/N); or |
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(ii)
Opted to pay an amount equivalent to CENVAT Credit attributable to
inputs and input services used in or in relation to manufacture of
exempted goods or provision of exempted service (Y/N). |
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(iv) after serial No. 5A and the entries relating thereto, the
following shall be inserted, namely,-
5AA
Amount payable under rule 6 (3) of the Cenvat Credit Rules, 2004
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Month |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(a) |
Value
of exempted goods cleared |
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(b) |
Value
of exempted services provided |
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(c) |
Amount
paid under rule 6(3) of Cenvat Credit Rules, 2004, by CENVAT Credit |
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(d) |
Amount
paid under rule 6(3) of Cenvat Credit Rules, 2004, by cash |
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(e) |
Total
amount paid= (c) +(d) |
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(f) |
Challan
Nos, vide which amount mentioned in (d) is paid |
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(g) |
Challan
dates |
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. |
(v) in serial No. 5B, in
entry (I), in item (c), for the words, symbols, brackets and figures Total
credit utilized=(i+ii+iii+iv+v) , the following shall be substituted, namely,-
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Month/Quarter** |
Apr/
Oct |
May/
Nov |
June/
Dec |
July/Jan |
Aug/Feb |
Sept/Mar |
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|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
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(vi)
for payment under rule 6 (3) of the Cenvat Credit Rules, 2004 |
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Total
credit utilized=(i+ii+iii+iv+v +vi) |
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. |
(vi) in the Annexure to instruction, the following shall be inserted in
the end, namely,-
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Service |
Sub-clause No. |
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Information
technology software services for furtherance of business or commerce. |
(zzzze) |
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Management
of investment under unit linked insurance business (ULIP) scheme |
(zzzzf) |
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Stock
exchange services |
(zzzzg) |
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Services
provided by a recognized/registered association (commodity exchanges) for
transaction in goods or forward contracts. |
(zzzzh) |
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Processing
and clearing house services in relation to processing, clearing and
settlement of transactions in securities, goods or forward contracts |
(zzzzi) |
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Supply
of tangible goods services |
(zzzzj) |
|
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. |
[F.
No. 137/108/2008-CX.4]
(Ashima
Bansal)
Under Secretary to the Government of India
Note.-
The principal rules were notified vide notification No. 2/94-Service Tax,
dated the 28th June 1994 and published in the Gazette of India, Extraordinary
vide number G.S.R.546 (E), dated the 28th June 1994 and were last amended vide
notification No. 19/2008-Service Tax, dated the 10th May, 2008 which
was published vide number G.S.R. 364(E), dated the 10th May, 2008.
CAclubindia
Manoj
Published in Service Tax