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Indirect Tax News Update - Volume III Issue XI, December 2016
CBEC clarifies that only cross-border B2C services provided in the taxable territory have been brought under the tax net w.e.f December 1, 2016 , however other cross border B2C services continue to be exempted. States that basis to determine whether a person is taking part in the provision of cross-border online database service through a telecommunications network, will depend on an electronic interface or a web portal, the facts and the nature of the contractual relations. Also Clarifies that in view of deletion of Rule 9(b) of Place of Provision of Service Rules, 2012 (PoPS Rules), default Rule 3 thereof will be applicable in such cases from December 1 onwards, whereby the place of provision of a service would be the location of service recipient.
Author : BSA Taxation Team
Date : December 5, 2016
 
 
Indirect Tax News Update - Volume III Issue X, October 2016
Central Govt. amended exemption with respect to services provided by way of renting of precincts of a religious place meant for general public, owned and managed by an entity registered as charitable or religious trust under Section 12AA of Income-Tax Act, or a trust or institution registered under Section 10 (23C) (v) of I-T Act or a body or an authority covered under Section 10 (23BBA) of I-T Act in terms of Notification No. 25/2012-ST. The circular clarified that “precincts” mean all immovable properties of the religious place located within the outer boundary walls of the complex (of buildings and facilities) in which the religious place is located. 
Author : BSA Taxation Team
Date : October 3, 2016
 
 
Indirect Tax News Update - Volume III Issue IX, September 2016
Recently, CBEC issued draft Circular on applicability of “unjust enrichment” principle in case of service tax refunds, inviting feedback by September 6th indicated the accounting and documentation requirements to be adhered to in various refund scenarios, in order to bring uniformity in the application of the principle. Accordingly, Balance Sheet of the applicant for the FY in which duty / tax had been paid or credit note had been issued, should indicate refund amount as “Duty Receivable” under the heading ‘Current Assets’, and same should continue to show in Balance Sheet of subsequent FY(s) after the FY in which duty / tax was reflected as “Duty Receivable” till the FY in which refund is proposed to be sanctioned. 
Author : BSA Taxation Team
Date : September 1, 2016
 
 
Indirect Tax News Update - Volume III Issue VIII, August 2016
CESTAT, Hyderabad in S.V.R. Tours and Travels vs. CCE & ST, Hyderabad ruled that assessee not liable to pay service tax as a 'tour operator' before as well as after the amendment to definition of “tour operator” as per Finance Act 2008. Further, CESTAT stated that assessee was transporting different persons with prefixed fare to different destinations in the same vehicle without a common contract and hence, the activity will be more akin to transport of passengers rather than operating tour.
Author : BSA Taxation Team
Date : August 1, 2016
 
 
Indirect Tax News Update - Volume III Issue VII, July 2016
Recently, Finance Ministry notified that the exemption of all taxable services from whole of Krishi Kalyan Cess where invoice has been issued on or before May 31, 2016. Such exemption is subject to the condition that provision of service has also been completed on or before May 31, 2016.
Author : BSA Taxation Team
Date : July 1, 2016
 
 
 
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