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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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