Service
Tax Updates
40. Amendment to Place of
Provision of ‘online information and database access or retrieval services’
w.e.f. 01.12.2016
Notification No.46/2016-ST
dated 09. 11. 2016
Central
Government has amended the POPS, 2012 Rules in order to effect that place of
provision for the services provided by way of online information and database
access or retrieval services shall be the location of the service recipient.
41. Withdrawal of
exemption: Online information and database access or retrieval services
Notification No. 47/2016-ST
dated 09. 11. 2016
CBEC has withdrawn the exemption for services by way of online
information database access or retrieval services which being provided by a
person located in a non-taxable territory and received by Government, a local
authority, a governmental authority or an individual in relation to any purpose
other than commerce, industry or any other business or profession.
42. Enhancement of scope of
taxability : Online information and database access or retrieval services
Notification No. 48/2016-ST
dated 09. 11. 2016
CBEC has
defined the terms ‘online information and database access or retrieval
services’ and ‘non-assessee online recipient’. Further, it states that the
person liable to pay service tax is the person located in the taxable territory
in cases where services are provided by a person located in the non-taxable
territory to a person located in the taxable territory.
However, in
cases where services are received by non-assessee online and are provided by a
person located in the non-taxable territory, the person liable for payment of
service tax is that person or his representative in the taxable territory.
If there is
no representative then the said person is liable for taking registration within
a period of thirty days under Form ST-1A from the date on which the service tax
becomes leviable. Registration certificate would be granted under Form ST-2A
and the said registration shall be deemed to be granted from the date of
receipt of the application. Returns for such registration should be filed in
Form ST-3C and the format of which is given, however, online utility will be
released in due course.
43. Amendment under reverse
charge mechanism
Notification No. 49/2016-ST
dated 09. 11. 2016
Services
provided or agreed to be provided by any person who is located in the
non-taxable territory and shall be received by any person other than
non-assessee, online recipient is covered under reverse charge mechanism where
the said service recipient is liable for payment of service tax. Thus, in cases
where service receiver is a non-assesse online recipient, reverse charge
mechanism is not applicable.
44. Exclusive jurisdiction
for cases of online information and database access or retrieval services.
Notification No. 50/2016
dated 22. 11. 2016
In cases,
where services of online information and database access or retrieval services
are provided or agreed to be provided by a person located in the non-taxable
territory and received by a non-assessee online recipient only LTU- Bangalore
unit has exclusive jurisdiction over all the proceedings under Finance act,
1994 in such cases.
45. FAQ: Service tax on
cross-border transactions [w.r.t. online information and database access or
retrieval services (OIDAR)]
Circular No: 202/12/2016
dated 09. 11. 2016
With the
withdrawal of exemption for service tax on cross border online information and
the growing dependency on such transaction for both the categories i.e.
business to business and business to customers some 46 questions are answered which come across very
frequently.
MVAT
Updates
46. e-Returns for Dealers
registered under the The Maharashtra Tax on the Entry of Goods into Local Areas
Act, 2002.
Trade Circular 33T of 2016
dated 27.10.2016
The facility
to file electronic returns for the importers registered under the Maharashtra Tax on the Entry of Goods in to
Local areas Act, 2002 has been made available through Department’s website
www.mahavat.gov.in and details procedure explained in the given circular.
47. Extension of due date
for filing of monthly returns for the period from April 2016 to September 2016.
Trade Circular 34T of 2016
dated 2.11.2016
48. Exemption from payment
of late fee u/s. 20(6) of the Maharashtra Value Added Tax Act,2002 for late
filing of return
Trade Circular 36T of 2016
dated 21.11.2016
Time limit
to file Invoice based monthly mvat & cst returns for the period from April
2016 to October 2016 is extended up to 30.11.2016 and for quarterly returns for
the period April-2016 to June-2016 uploading date has been extended up to
10.12.2016 and for July-2016 to Sept-2016 uploading date has been extended up
to 21.1.2017 so whole of the late fees for the period is exempt if filed on or
before the respective extended date. If dealer has received return in PDF along
with late fees then such late fees is not required to be paid. If such late
fees has been paid by the dealer he may revise such return and carry forward the excess
amount to next period as an excess credit.
49. Distribution of provisional
Login ID and Passwords
Trade Circular 35T of 2016
Dated 12.11.2016
All the
dealers who are presently registered under the Maharashtra Value Added Tax Act,
2002, Central Sales Tax Act, 1956, the Maharashtra Tax on the Entry of Goods
into Local Areas Act, 2002, the Maharashtra Tax on Luxuries Act, 1987 are
required to enrol themselves for GSTIN. .Given circular has explained detail
procedure.
50. Notification about
accepting cash payment
No. VAT. 1516/CR-153/Taxation-1 dated 12.11.2016
Maharashtra
government has amended MVAT Rule 45A thereby dealer may pay tax, interest and
penalty during the period the bank notes
of existing series of denomination of the value of five hundred rupees and one
thousand rupees are permissible to be the legal tender by the central
government by notification under sub-section (2) of section 26 of the Reserve
Bank of India Act, 1934 by way of cash including specified notes in the said
banks.
51. Extension of time limit
till 30th November 2016
Maharashtra Ordinance No.
XXVII of 2016 dated 17.11. 2016
Applicant
who desires to settle the arrears in dispute can make the application under the
Maharashtra Settlement of Arrears in Disputes Act, 2016 up to 30.11-2016
52. Settlement of Disputed
Arrears – Schedule of payment of Requisite amount
SAD 1516/CR 155/Taxation-1.
dated 19.11.2016
By this
Notification, the fifty per cent of the requisite amount payable under the
Maharashtra Settlement of Arrears of Dispute, 2016 shall be paid on or before
the 30.11. 2016 and remaining fifty per cent amount shall be paid on or before
the 31.12.2016. The proof of payment shall be deemed to have been submitted on
the date on which the said payment is made.
