Notification No. 13/2014
– Service Tax, [F. No.334/ 15 /2014 -TRU], dated 11th July, 2014
Seeks to amend the
Point of Taxation Rules, 2011, to prescribe the point of taxation for the
services on which person liable to pay service tax is the recipient.
G.S.R. ….(E).- In exercise of
the powers conferred by clause (a) and clause (hhh) of sub-section (2) of
section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby
makes the following rules further to amend the Point of Taxation Rules, 2011,
namely:—
1. (1) These rules may be
called the Point of Taxation (Amendment) Rules, 2014.
(2)
They shall come into force on the 1st day of October, 2014.
2. In the Point of Taxation
Rules, 2011,–
(a) in rule 7,–
(i) for the words ―"contained in these rules" the words and
figures ―"contained in rules 3,4, or 8” shall be substituted;
(ii) for the first proviso, the following proviso shall be substituted,
namely:-
“Provided
that where the payment is not made within a period of three months of the date
of invoice, the point of taxation shall be the date immediately following the
said period of three months:”;
(b) after rule 9, the
following rule shall be inserted, namely:-
“10.
Notwithstanding anything contained in the first proviso to rule 7, if the
invoice in respect of a service, for which point of taxation is determinable
under rule 7 has been issued before the 1st day of October, 2014 but
payment has not been made as on the said day, the point of taxation shall,–
(a) if payment is made within a period of six months of the date of
invoice, be the date on which payment is made;
(b) if payment is not made within a period of six months of the date of
invoice, be determined as if rule 7 and this rule do not exist.”.
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