[PUBLISHED
IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.
08/ 2013 - Service Tax
New
Delhi, dated the 18th April, 2013
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)(hereinafter referred to
as the said Act), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts the taxable services
provided or agreed to be provided against a scrip by a person located in the
taxable territory, from the whole of the service tax leviable thereon under
section 66B of the said Act.
2. Application.
– This notification shall be applicable to the Vishesh Krishi and Gram Udyog Yojana
(Special Agriculture and Village Industry Scheme) duty credit scrip issued to an exporter by
the Regional Authority in accordance with paragraph 3.13.2 of the Foreign Trade
Policy.
3. The exemption shall be subject to the
following conditions, namely:-
(a)
that the scrip is issued against exports of the products
listed in Appendix 37A of the Handbook of Procedures, Volume I:
Provided
that the following categories of exports (specified in paragraph 3.17.2 of the
Foreign Trade Policy) shall not be counted for calculation of export
performance or for computation of entitlement under the Vishesh Krishi and
Gram Udyog Yojana,
namely:-
(i) the
Export Oriented Units or Electronic Hardware Technology Parks or Biotechnology
Parks which are availing direct tax benefits or exemption;
(ii) the
export of imported goods covered under Para 2.35 of the Foreign Trade Policy;
(iii)
the exports through transhipment, meaning thereby that
exports originating in third country but transhipped through India;
(iv)
deemed exports;
(v)
the exports made by Special Economic Zone units or Special
Economic Zone products exported through
Domestic Tariff Area units;
(vi) the
items, which are restricted or prohibited for export under Schedule-2 of
Export Policy in ITC (HS);
(b) that the
scrip is registered with the Customs Authority at the port of registration
(hereinafter referred to as the said Customs Authority);
(c) that the holder of the scrip,
to whom taxable services are provided or agreed to be provided shall be located
in the taxable territory;
(d) that the holder
of the scrip who may either be the person to whom the scrip was originally
issued or a transferee-holder, presents the scrip to the said Customs Authority
along with a letter and an invoice or challan or
bill, as the case may be, issued under rule 4A of the Service Tax Rules, 1994
by the service provider indicating details of his jurisdictional Central Excise
Officer (hereinafter referred to as the said Officer) and the description,
value of the taxable service provided or agreed to be provided and service tax
leviable thereon;
(e) that the said
Customs Authority, taking into account the debits already made under
notification number 95/2009-Customs, dated the 11th September, 2009,
notification No.32/2012-Central Excise, dated the 9th July, 2012 and
this exemption, shall debit the service tax leviable, but for this exemption in
or on the reverse of the scrip and also mention the necessary details thereon,
updates its own records and sends written advice of these actions to the said
Officer;
(f) that the
date of debit of service tax leviable, in the scrip, by the said Customs
Authority shall be taken as the date of payment of service tax;
(g) that in case the service tax leviable as per the
point of taxation determined in terms of the Point of Taxation Rules, 2011 is
prior to date of debit or that the rate of tax determined in terms of rule 4 of
the Point of Taxation of Rules, 2011, is in excess of the rate of service tax
mentioned in the invoice, bill or challan, as
the case may be, the holder of
the scrip shall pay such interest or short-paid service tax along with
interest, as the case may be;
(h) that the holder of the scrip
presents the scrip debited by the said Customs Authority within thirty days to
the said Officer, along with an undertaking addressed to the said Officer, that
in case of any service tax short debited in the scrip, shall pay such service
tax along with applicable interest;
(i) that based on the
said written advice and undertaking, the said Officer shall verify and validate,
on the reverse of the scrip, the details of the service tax leviable, which were debited by the said
Customs Authority, and keep a record of payment of such service tax and
interest, if any;
(j) that the service provider retains a copy of the scrip, debited by the
said Customs Authority and verified by the said Officer and duly attested by
the holder of the scrip, in support of the provision of taxable services under this notification; and
(k) that the said holder of the
scrip, to whom the taxable services were
provided or agreed to be provided shall be entitled to avail the drawback or
CENVAT credit of the service tax
leviable under section 66B of the said Act, against the service tax
debited in the scrip and validated by the said Officer.
4. Any
amount due to the Central Government under this notification shall be
recoverable under the provisions of the said Act and the rules made there
under.
Explanation - For
the purposes of this notification,-
(A) “Foreign
Trade Policy” means the Foreign Trade Policy, 2009-14, published by the
Government of India in the Ministry of Commerce and Industry, vide notification
No.01 (RE 2012)/2009-2014, dated the 5th June, 2012, as amended from
time to time.
(B)
“Handbook of Procedures Volume 1” means the Handbook of Procedures Volume 1,
2009-14, published by the Government of India in the Ministry of Commerce and
Industry, vide Public
Notice No.01 (RE 2012)/2009-2014,
dated the 5th June, 2012, as amended from time to time.
(C)
“Point of taxation” shall have the same meaning assigned to it in clause (e) of
rule 2 of the Point of Taxation Rules, 2011.
(D) “Regional Authority” means the authority
competent to grant a duty credit scrip under the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992).
(E)
“Scrip” means Vishesh Krishi and Gram Udyog Yojana
(Special Agriculture and Village Industry Scheme) duty credit scrip issued to an exporter by the
Regional Authority in accordance with paragraph 3.13.2 of the Foreign Trade
Policy.
[F.No.354
/55/2013-TRU]
(Raj
Kumar Digvijay)
Under Secretary to the Government of India
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