Murugan (Employment) (61 Points)
03 May 2014Dear Friends,
A taxable service has been registered as BUSINESS AUXILARY SERVICES under service tax registration, which provides services to SEZ unit.
Kindly advise me for below points at earliest:
Thanks
Venkatanarayana GM
(Partner associate at Hiregange & Associates)
(1279 Points)
Replied 20 June 2014
[TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 40 / 2012-Service Tax
New Delhi, the 20th
June, 2012
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) read with sub-section 3
of section 95 of Finance (No.2), Act, 2004 (23 of 2004) and sub-section 3 of section 140 of the
Finance Act, 2007(22 of 2007) and in supersession of the notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 17/2011-Service Tax, dated the 1st
March, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R.174(E), dated the 1st March, 2011, except as respects things done or omitted
to be done before such supersession, the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts the services on which service tax is
leviable under section 66B of the said Act, received by a unit located in a Special Economic
Zone (hereinafter referred to as SEZ) or Developer of SEZ and used for the authorised
operations, from the whole of the service tax, education cess and secondary and higher
education cess leviable thereon.
2. The exemption contained in this notification shall be subject to the following conditions,
namely:-
(a) the exemption shall be provided by way of refund of service tax paid on the specified
services received by a unit located in a SEZ or the developer of SEZ and used for the authorised
operations:
Provided that where the specified services received in SEZ and used for the authorised
operations are wholly consumed within the SEZ, the person liable to pay service tax has the
option not to pay the service tax ab initio instead of the SEZ unit or the developer claiming
exemption by way of refund in terms of this notification.
Explanation.- For the purposes of this notification, the expression “wholly consumed” refers to
such specified services received by the unit of a SEZ or the developer and used for the
authorised operations, where the place of provision determinable in accordance with the Place of
Provision of Services Rules, 2012(hereinafter referred as the POP Rules) is as under:-
(i) in respect of services specified in rule 4 of the POP Rules, the place where the
services are actually performed is within the SEZ ; or
(ii) in respect of services specified in rule 5 of the POP Rules, the place where the
property is located or intended to be located is within the SEZ; or
(iii) in respect of services other than those falling under clauses (i) and (ii), the recipient
does not own or carry on any business other than the operations in SEZ;
(b) where the specified services received by the unit of a SEZ or developer are not wholly
consumed within SEZ, maximum refund shall be restricted to the extent of the ratio of export
turnover of goods and services multiplied by the service tax paid on services other than wholly
consumed services to the total turnover for the given period to which the claim relates, i.e.,
(Export turnover of goods + Service tax paid on services
Services of SEZ Unit/Developer) X other than wholly consumed
Services (both for SEZ and DTA)
Refund amount = ----------------------------------------------------------------------------------------
Total turnover for the period
Explanation.- For the purposes of condition (b),-
(A)“refund amount” means the maximum refund that is admissible for the period;
(B) “export turnover of goods” means the value of final products and intermediate products
cleared during the relevant period and exported;
(C) “export turnover of services” means the value of the export service calculated in the
following manner, namely:-
Export turnover of services = payments received during the relevant period for export
services + export services whose provision has been completed for which payment had been
received in advance in any period prior to the relevant period – advances received for export
services for which the provision of service has not been completed during the relevant
period;
(D) “total turnover” means sum total of the value of-
(a) all excisable goods cleared during the relevant period including exempted goods,
dutiable goods and excisable goods exported;
(b) export turnover of services determined in terms of clause (C) and the value of all
other services, during the relevant period; and
(c) for the purpose of claiming exemption, the Unit of a SEZ or developer shall obtain a list
of services that are liable to service tax as are required for the authorised operations approved
by the Approval Committee (hereinafter referred to as the specified services) of the concerned
SEZ;
(d) for the purpose of claiming ab initio exemption, the unit of a SEZ or developer shall furnish
a declaration in Form A-1, verified by the Specified Officer of the SEZ, in addition to the list
specified under condition (c); the unit of a SEZ or developer who does not own or carry on any
business other than the operations in SEZ, shall declare to that effect in Form A-1;
(e) the unit of a SEZ or developer claiming the exemption shall declare that the specified
services on which exemption and/ or refund is claimed, have been used for the authorised
operations;
(f) the unit of a SEZ or developer claiming the exemption by way of refund, should have
paid the amount indicated in the invoice, bill or as the case may be, challan, including the service
tax payable, to the person liable to pay the said tax or the amount of service tax payable under
reverse charge, as the case may be, under the provisions of the said Act;
(g) no CENVAT credit of service tax paid on the specified services used for the authorised
operations in a SEZ has been taken under the CENVAT Credit Rules, 2004;
(h) no refund shall be available on services wholly consumed for operations in the Domestic
Tariff Area (DTA) worked out in the same manner as clauses (i) and (ii) of the explanation to
condition (a);
(i) exemption or refund of service tax paid on the specified services other than wholly
consumed services used for the authorised operations in a SEZ shall not be claimed except under
this notification;
(j) the unit of a SEZ or developer, who intends to avail exemption and or refund under this
notification, shall maintain proper account of receipt and use of the specified services on which
exemption is claimed, for authorised operations in the SEZ.
3. The following procedure should be adopted for claiming the benefit of the exemption
contained in this notification, namely:-
(a) the unit of a SEZ or developer, who has paid the service tax leviable under section 66B
of the said Act shall avail the exemption by filling a claim for refund of service tax paid on
specified services used for the authorised operations;
(b) the unit of a SEZ or developer who is registered as an assessee under the Central Excise
Act, 1944 (1 of 1944) or the rules made thereunder, or the said Act or the rules made thereunder,
shall file the claim for refund to the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, having jurisdiction over the SEZ or
registered office or the head office of the SEZ unit or developer, as the case may be, in Form A-
2;
(c) the unit of a SEZ or developer who is not so registered under the provisions referred to in
clause (b), shall, before filing a claim for refund under this notification, file a declaration with
the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as
the case may be, having jurisdiction over the SEZ or registered office or the head office of the
SEZ unit or developer, as the case may be, in Form A-3;
(d) the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central
Excise, as the case may be, shall, after due verification, allot a service tax code number to the
unit of a SEZ or developer, referred to in clause (c), within seven days from the date of receipt of
the said declaration, in Form A-3;
(e) claim for refund shall be filed, within one year from the end of the month in which actual
payment of service tax was made by such developer or unit, to the registered service provider or
such extended period as the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, shall permit;
(f) the refund claim shall be accompanied by the following documents, namely:-
(i) a copy of the list of specified services as are required for the authorized operations in the
SEZ, as approved by the Approval Committee; wherever applicable, a copy of the declaration
made in Form A-1;
(ii) invoice or a bill or as the case may be, a challan, issued in accordance with the provisions
of the said Act or rules made thereunder, in the name of the unit of a SEZ or developer, by the
registered service provider, along with proof of payment for such specified services used for the
authorised operations and service tax paid, in original;
(iii) a declaration by the unit of a SEZ or developer, claiming such exemption, to the effect
that—
(A) the specified services on which refund of service tax claimed, has been used for the
authorized operations in the SEZ ;
(B) proper account of the specified services received and used for the authorised
operations are maintained by the developer or unit of the SEZ and the same shall be produced to
the officer sanctioning refund, on demand;
(C) accounts or documents furnished by the unit of a SEZ or developer as proof of
payment of service tax claimed as refund, based on the invoice, or bill , or as the case may be
challan issued by the registered service provider indicating the service tax paid on such specified
services, are true and correct in all respects;
(g) the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central
Excise, as the case may be, after verifying that,-
(i) the refund claim is complete in all respects;
(ii) the information furnished in Form A-2 and in supporting documents correctly indicate the
service tax involved in the specified services used for the authorised operations in the SEZ,
which is claimed as refund, and has been actually paid to the service provider,
shall refund the service tax paid on the specified services;
(h) a service provider shall provide the specified services falling under wholly consumed
category, under ab initio exemption granted by this notification, to a unit of a SEZ or developer,
for authorised operations, subject to the submission of list specified in condition (c) under
paragraph 2 and a declaration in Form A-1;
(i) where any refund of service tax paid on specified services is erroneously refunded for any
reasons whatsoever, such service tax refunded shall be recoverable under the provisions of the
said Act and the rules made there under, as if it is recovery of service tax erroneously refunded;
4. Words and expressions used in this notification and defined in the Special Economic
Zones Act, 2005 (28 of 2005) or the rules made thereunder, shall apply, so far as may be, in
relation to refund of service tax under this notification as they apply in relation to a SEZ.
Explanation.- For the purposes of this notification, “statutory auditor” refers to a Chartered
Accountant who audits the annual accounts of the unit of a SEZ or developer for the purposes of
the Companies Act, 1956 (1 of 1956) or the Income tax Act, 1961(43 of 1961).
5. This notification shall come into force on the 1st
day of July, 2012.
[F. No. 334/1/2012-TRU]
(Rajkumar Digvijay)
Under Secretary to the Government of India
FORM A-1
DECLARATION BY THE UNIT OF A SEZ OR DEVELOPER FOR AVAILING AB INITIO
EXEMPTION UNDER NOTIFICATION No._____ DATED ____
[Refer condition (d) under paragraph 2]
1. Name of the SEZ Unit/Developer:
2. Address of the SEZ Unit/Developer with Telephone and Email:
3. Permanent Account Number(PAN) of the SEZ Unit/Developer:
4. Import and Export Code Number:
5. Jurisdictional Central Excise/Service Tax Division:
6. Service Tax Registration Number/Service Tax Code:
7. Declaration: I/We hereby declare that-
(i) The information given in this application form is true, correct and complete in every
respect and I am authorised to sign on behalf of the SEZ Unit/Developer;
(ii) I/We maintain proper account of specified services, as approved by the Approval
Committee of SEZ, received and used for authorised operations in SEZ; I/we shall
make available such accounts and related records, at all reasonable times, to the
jurisdictional Central Excise Officers for inspection or scrutiny.
(iii) I/We shall use/have used specified services for authorised operations in the SEZ.
(iv) I/We declare that we do not own or carry on any business other than the operations in
SEZ [where this item is not applicable, declaration may be submitted after striking
out the inapplicable portion];
(v) I/We are aware that the Declaration is valid only for the purpose specified in
Notification _______ dated ______ and is subject to fulfillment of conditions.
(vi) I/We intend to claim ab initio exemption from the following service provider(s) in the
Domestic Tariff Area(DTA):
Sl.No. specified service(s) to be
received from the DTA
service provider(s)
DTA Service provider(s) who provide(s) the
specified service(s), for SEZ authorised operations
Name and address Service Tax
Registration No.
(1) (2) (3) (4)
Signature and Name of Authorised Person with stamp
Date:
Place:
I have verified the above Declaration; it is correct
Signature, date and stamp of the Specified Officer of the SEZ (Specified Officer shall
retain a copy of the verified Declaration, for the purpose of record)
FORM A-2
APPLICATION FOR CLAIMING REFUND OF SERVICE TAX PAID ON SPECIFIED SERVICES
USED FOR AUTHORISED OPERATIONS IN SEZ
To
The Assistant/Deputy Commissioner of Central Excise/Service Tax
___________ Division, _______ Commissionerate
Sir,
I /We claim refund of Rs.................. (Rupees in words)
(a) in respect of service tax paid on ‘wholly consumed’ specified services used for the authorized
operations in SEZ, as approved by the Approval Committee of the _________ SEZ [ Rupees
____________]
(b) in respect of service tax paid on specified services, other than those that are wholly consumed,
used for the authorized operations of SEZ Unit/Developer, as approved by the Approval
Committee of the _________ SEZ [ Rupees ____________].
1. Name of the SEZ Unit/Developer:
2. Address of the SEZ Unit/Developer with Telephone and Email:
3. Address of the Registered/Head Office with Telephone and Email:
4. Permanent Account Number(PAN) of the SEZ Unit/Developer:
5. Import and Export Code Number:
6. Jurisdictional Central Excise/Service Tax Division:
7. Service Tax Registration Number/Service Tax Code:
8. Information regarding Bank Account ( Bank, Address of Branch, Account Number) in which
refund amount should be credited/to be deposited:
9. Details regarding Service Tax refund claimed:
9.1 Refund arising out of ‘wholly consumed’ specified services:
Table-A
Sl.
No.
Details regarding specified services used in the authorized operations of
SEZ, as approved by the Approval Committee
Amou
nt of
servic
e tax
claime
d as
Refun
d(
includ
ing
educat
ion
cess)
(Rupe
es)
Document
enclosed as
proof of
payment of
service tax
by the SEZ
Unit/Devel
oper, ( sl.no
and date of
invoice/ bill
/ challan)
Descripttion
of taxable
service (as
per the
invoice)
used in the
authorized
operations
of SEZ
Name and
address of
Service
Provider
Service Tax
Registration
Number of
Service
Provider
Invoice/Bill/Challan
(original enclosed)
Amount
of
Service
tax paid
(includi
ng
educatio
n cess)
(Rupees
)
Num
ber
Da
te
Value
of
taxabl
e
servic
e
(Rupe
es)
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1.
2.
TOTAL --
9.2. Refunds arising out of specified services, other than those are ‘wholly consumed’:
I/We request refund of service tax paid on specified services, other than those that are ‘wholly
consumed’,-
(a) used in the manufacture of final products exported from SEZ
(b) used in providing output services exported from SEZ
I/We furnish following true and correct particulars, in Tables ‘B’ and ‘C’, for the purpose of
above refund:
Table – B
Table - C
Details
Details for the period to which the invoices pertain and refund is
claimed
Export turnover of
SEZ
Unit(s)/Developer
Service tax paid on input
services other than wholly
consumed services
Total turnover
(1) (2) (3)
Goods (a) ---
Output services (b) ----
Others(Bought out goods
sold)
(c )
----
----
Total (a)+(b)+(c)=(d)
No.
Specified services other than those that are ‘wholly consumed’, used for
authorised operations by SEZ Unit/Developer, during the period for which refund
is claimed
Document
enclosed as
proof of
payment of
service tax (
sl.no and date
of invoice/ bill
/ challan)
Descripttion
of taxable
service(as per
the invoice)
used in the
authorized
operations of
SEZ
Name and
address of
Service
Provider
Service Tax
Registration
Number of
Service
Provider
Invoice/Bill/Challan
(original enclosed)
Amount
of Service
tax paid
(including
education
cess)
(Rupees)
Num
ber
Date Value
of
taxabl
e
servic
e
(Rupe
es)
(1) (2) (3) (4) (5) (6) (7) (8) (9)
1.
2.
TOTAL --
Instructions for compilation of the above statistical table:
(i) To calculate the export turnover of SEZ, in the case of export of goods, FOB value
provided in Shipping Bills or Bills of Export, should be taken into account, which have
been duly certified by the officer of customs to the effect that the goods have been
exported;
(ii) To calculate the export turnover of SEZ, in the case of export of services, value of output
services exported shall be on the basis of certificates issued by the bank certifying the
realization of export proceeds.
(iii) Amount of service tax claimed as refund, under Table B read with Table C:
Rupees__________________
(iv) Particulars filled in the Table C should be verified and certified as true by the statutory
auditor of the SEZ Unit/Developer
------------------------------------------------------------------------------------------------------------------
10. I/We Declare that-
(i) information given in this application for refund is true, correct and complete in
every respect and that I am authorised to sign this application for refund of service
tax;
(ii) the specified services, as approved by the Approval Committee of SEZ, on which
exemption/refund is claimed are actually used for the authorised operations in a
SEZ;
(iii) refund is being claimed only on the service tax actually paid on the specified
services used for the authorised operations in a SEZ; refund of service tax has not
been claimed or received earlier, on the basis of above documents/information;
(iv) We have not taken any CENVAT credit of service tax paid on the specified
services under the CENVAT Credit Rules, 2004;
(v) accounts or documents furnished as proof of payment of service tax being
claimed as refund, as per the invoice, bill or challan of the service provider
indicating the service tax paid on such specified services, are true and correct in
all respects;
(vi) proper account of receipt and use of the specified services on which
exemption/refund is claimed, for the authorised operations in the SEZ, is
maintained and the same shall be produced to the Officer sanctioning refund, on
demand.
Signature and name
(of proprietor/managing partner/
person authorised by managing director of SEZ Unit/Developer)
with complete address, telephone and e-mail
Date:
Place:
FORM A-3
DECLARATION FOR OBTAINING SERVICE TAX CODE
[Refer clause (c) under paragraph 3]
1. Name of the SEZ Unit/Developer:
2. Address of the SEZ Unit/Developer with Telephone and Email:
3. Address of the Registered/Head Office:
4. Permanent Account Number(PAN) of the SEZ Unit/Developer:
5. Import and Export Code Number:
6. Jurisdictional Central Excise/Service Tax Division:
7. Service Tax Registration Number/Service tax Code:
8. Details of Bank Account ( Bank, Address of Branch, Account Number)
9. (a) Constitution of SEZ Unit/Developer [ proprietorship/partnership/Registered Private
Limited Company/Registered Public Limited Company/Others(specify)]
(b) Name, Address, Telephone number of Proprietor/partner/director(s)
10. Name, designation and address of the authorised signatory/signatories
11. I/We hereby declare that-
(i) The information given in this application form is true, correct and complete in
every respect and that I am authorised to sign on behalf of the SEZ
Unit/Developer;
(ii) I/We shall maintain proper account of specified services as approved by the
Approval Committee of SEZ, received and used for authorised operations in SEZ;
and shall make available such accounts and related records, at all reasonable
times, to the Department for inspection or scrutiny.
(iii) I/We shall use/have used specified services for authorised operations in the SEZ.
Signature and Name of Authorised Person with stamp
Date:
Place:
Venkatanarayana GM
(Partner associate at Hiregange & Associates)
(1279 Points)
Replied 20 June 2014
Please refer 40/2012 Service tax notification
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