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May 2017

Indirect Taxes

By Tarun Ghia
Kevin Shah
Brijesh Cholera
Chartered Accountants
Reading Time 4 mins

Service Tax Updates

18. Amendment under Service Tax (Advance Rulings) Rules, 2003

Notification No. 12/2017-ST dated 31. 03. 2017

For the purpose of cases in
relation to service tax, CBEC has classified advance ruling authority as the
authority established under the Customs Act which mainly deals with the matters
in relation to the central excise & customs.

19. Amendment under Service Tax (Settlement of Cases) Rules,
2012

Notification No. 13/2017-ST dated 12. 04. 2017

CBEC has amended the form of
application for settlement of cases for service tax. The said amendment is
effective 12.04.2017.

20. Determination of point
of taxation in case of services provided by a person located in non-taxable
territory to a person in non-taxable territory

Notification No. 14/2017-ST dated 13. 04. 2017

The point of taxation in respect
of services provided by a person located in non-taxable territory to a person
in non-taxable territory by way of transportation of goods by a vessel from a
place outside India up to the customs station of clearance in India, shall be
the date of bill of lading of such goods in the vessel at the port of
export.  The same is effective
retrospective from 22.01.2017.

21. Amendments under Reverse Charge Mechanism

Notification No. 15/2017-ST dated 13. 04. 2017 [Effective
from 23.04.2017]

The business entity located in the
taxable territory who is litigant, applicant or petitioner who receives legal
services shall be treated as the person liable for payment of service tax.
Further, non-assessee online recipient has been defined. Further, importer is
liable for payment of service tax for services provided by a person located in
non-taxable territory to a person in non-taxable territory by way of
transportation of goods by a vessel from a place outside India up to the
customs station of clearance in India.

22. Amendments under Service Tax Rules, 1994

Notification No. 16/2017-ST dated 13. 04. 2017 [Effective
from 23. 04. 2017]

The definition of “person liable
to pay service tax” has been amended to include importer as such person for
services provided by a person located in non-taxable territory to a person in
non-taxable territory by way of transportation of goods by a vessel from a
place outside India up to the customs station of clearance in India.

Further, such importer shall have
the option to pay an amount calculated at the rate of 1.4% of the sum of cost,
insurance and freight (CIF) value of such imported goods.

23. Order No: 1/2017 dated 25th April, 2017

Extension of due date for filing Service Tax Returns

The due date for filing service
tax returns for the period from October 2016 
to March 2017 is  extended by 5
days and therefore the revised due date for filing service tax returns for the
above mentioned period is 30th April, 2017.

MVAT Updates

24. Exemption from payment of late fee u/s 20(6) of the MVAT
Act, 2002

Trade Circular 9T of 2017 dated 01.4.2017

The whole of the Late Fee is
exempt if it is filed as per revised dates which  for 
Monthly returns from April-2016 to February -2017 is up to 10.4.2017;
for quarterly returns April to June-2016 & July to September-2016 is up to
10.4.2017 and for monthly return March-2017 is up to 30.4.2017.

Quarterly return also made
available for October to December 2016 and may be filed up to 21.4.2017.
Quarterly return also made available for January to March  – 2017 and may be filed up to 10.5.2017.

25. Changes in the rate of tax, extension to exempted
commodities and changes in taxation of liquor under the Maharashtra Value Added
Tax Act, 2002

Trade Circular 10T of 2017 dated 06. 04. 2017

Giving effect to the budget
proposal for the year 2017-18 amendments to Schedules A, C & D have been
explained in this Circular.

26.  Maharashtra Act
No. XXXI of  2017

Notification No. VAT-1517/CR-10/Taxn-1 dated 28.2.2017

Amendments to Maharashtra Value Added Tax Act, Sugarcane
Purchase Tax Act, Profession Tax Act and Entry Tax Rules

Trade Circular 11T of 2017 dated 20. 04. 2017

To amend the above referred Acts/Rules A Bill
(L. A . Bill No. XVIII of 2017) has been passed by the legislature and has
received assent of the Governor on 15.4.2017.The Act (Maharashtra Act No. XXXI
of 2017) is published in the Maharashtra Government Gazette dated 15.4.2017.

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