chart of service tax rule 1994 aug 2013

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    HIREGANGE SSOCIATES

    2013

    Summary of Service Tax Rule

    with Charts

    Successful people dont do different things; they do things

    differently :)

    PRAKASH N

    [email protected]

    J AYAN AGAR 4TH T B L OCK, BANGALORE

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    SERVICE TAX RULES, 1994

    Hi Friends,

    It is a well known fact that most of us find it difficult reading the Finance Act and the related Service Tax Rules. However, it is

    mandatory for all concerned to understand the Service Tax laws, considering the importance it has been gaining over the years and

    also in view of the fact that GST is round the corner.

    I have tried my level best to make the presentation simple and easy and have also tried to make it colorful in the slides that are to

    follow. I am sure you will find the same beneficial and useful.

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    CCOOMM EE!! LLEETTSS MM AAKK EE BBAARREE AACCTT

    CCOOLLOORRFFUULL !!!!

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    Rule 6(1): Payment of Service TaxCategory of assessee Period of payment Period Due Date

    Individuals, proprietaryfirms or partnership firms.

    Quarterly April to JuneJuly to SeptemberOctober to December

    5th (6th in case of e-payment)of the month immediatelyfollowing the said quarter.

    January to March 31st March

    Others Monthly All months except March 5th (6th in case of e-payment)of the month immediately

    following the calendar month.

    March 31st March

    Tax on Receipt basis - Individuals and partnership firms having aggregate value of taxable service is =

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    Rule 6 (7): Service tax on Air travel agent by air

    On booking of tickets for travel Rate

    Domestic ooking 0.6% of the basic fare

    International Booking 1.2% of the basic fare

    Ba si c f a r e mea n s t h a t p a r t o f t h e a i r f a r e on w h i c h c omm i s s i on i s n o rma l l y p a i d t o a i r t r a v e l a g en t b y t h e a i r l i n e

    Rule 6(7A)(ii) - Life Insurance

    Gross Amount of Premium Charged Rate

    1st year 3%

    Subsequent Years 1.5%

    Rule 6(7B) - Money Changing

    Gross Amount of Currency Exchanged Rate

    Up to Rs.1,00,000 0.12% subject to minimum of Rs.30

    For an amount exceeding Rs.1,00,000 and up toRs.10,00,000

    Rs.120 and 0.06%

    For an amount exceeding Rs.10,00,000 Rs.660 and 0.012% subject to maximum of Rs.6,000

    Rule 6(7C) - Distributor or Selling Agent of Lotteries

    Guaranteed Prize Payout Rate

    More than 80% Rs.7,000/- on every Rs.10 Lakh (or part of Rs.10 Lakh) of aggregate face value oflottery tickets printed by the organizing State for a draw

    Less than 80% Rs.11,000/- on every Rs.10 Lakh (or part of Rs.10 Lakh) of aggregate face value oflottery tickets printed by the organizing State for a draw

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    Rule 6A: Export of

    Service

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    Rules 9: Form of appeals to Appellate Tribunals

    Form Description Copy and documents To Whom

    ST-5 Form of Appeal to AppellateTribunal under section 86 ofthe Finance Act,1994

    In quadruplicate and shallbe accompanied by a copy ofOrder appealed against (oneof which shall be certifiedcopy)

    Appellate Tribunal

    ST-6Form of memorandum ofcross objections to theAppellant Tribunal undersection 86 of Finance Act,

    1994

    ST-7Form of application toAppellate Tribunal underSection 86(2) [or Sec.86(2A)of the Finance Act,1994

    In quadruplicate and shallbe accompanied by a copy ofCCE(one of which shall becertified copy) and cop oforder passed by CBECdirecting the CCE to apply toAppellate Tribunal

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    Rule 10: Procedure and facilities for Large taxpayer

    Forms under Service TAx

    Formtype Description

    GAR-7G.A.R Pro-forma of Service tax payments

    ST-1Application form for registration under Section 69 of the Finance Act, 1994

    ST-2Certificate of registration under Section 69 of The Finance Act, 1994 (32 of1994)

    ST-3Return under Section 70 of the Finance Act, 1994

    ST-3AMemorandum for provisional deposit under rule 6 of the Service Tax Rules,1994

    ST-4Form of Appeal to the Commissioner of Central Excise (Appeals)

    ST-5Form of Appeal to Appellate Tribunal under section 86 of the Finance Act,1994

    ST-6Form of memorandum of cross objections to the Appellant Tribunal under section 86 of Finance Act,1994

    ST-7Form of application to Appellate Tribunal under Section 86(2) [or Sec.86(2A) of the Finance Act,1994

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    AAR(ST-I)Application for Advance Ruling (Service Tax)

    ASTR-1Application for filing a claim of rebate of service tax and Cess paid on taxable services exported

    ASTR-2Application for filing a claim of rebate of duty paid on inputs, service tax and Cess paid on inputservices

    ApplicationPro-forma for Application for permission to file ST-3 Return electronically

    Form -AApplication for refund of CENVAT credit under Rule 5 of the CENVAT Credit Rules, 2004

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    I have not covered the Definitions Part covered under Rule 2. This being my first presentation, I am sure

    there would be lot of scope for improvement. I therefore sincerely look forward to your valuable feedback

    and suggestions which would be of great help to me.

    Finally, tax is never loved by anyone since it is a fine for doing things right!