Amendments in Service Tax Rules

No.CLE/POL/SERVICETAX/2008                                                                               Jan. 5, 2008    

 

Members of the Council.

 

Sub :             Amendments in Service Tax Rules

Dear Member,

 

The  Department of Revenue, Ministry of Finance, Government of India have issued a Service Tax Notification no. 45/2007 – Service Tax dated Dec. 28,2007 making amendments to the Service Tax Rules, 1994. A copy of the Notification is enclosed herewith. These amendments will come into force on the date of their publication in the official gazette.

 

The details of the old Service Tax rules and the amendments made vide Service Tax Notification no. 45/2007 – Service Tax  are tabulated below for ready reference of members.

 

Service Tax Rules	Amendments made
Rule 5 – Records Sub rule (2) Every assessee shall furnish to the Superintendent of Central Excise at the time of filing his return for the first time a list of all accounts maintained by the assessee in relation to service tax including memoranda received from his branch offices.	2) Every assessee shall furnish to the Superintendent of Central Excise at the time of filing of return for the first time or the 31st day of January, 2008, whichever is later, a list in duplicate, of- (i) all the records prepared or maintained by the assessee for accounting of transactions in regard to,- (a) providing of any service, whether taxable or exempted; (b) receipt or procurement of input services and payment for such input services; (c)   receipt, purchase, manufacture, storage, sale, or delivery, as the case may be, in regard of inputs and capital goods; (d) other activities, such as manufacture and sale of goods, if any. (ii)   all other financial records maintained by him in the normal course of business.”;
Sub Rule (4) Every assessee shall make available, at the registered premises, at all reasonable time, such records as mentioned in sub-rule (3), for inspection and examination by the Central Excise Officer authorised in writing by the jurisdictional Assistant Commissioner or Deputy Commissioner of Central Excise, as the case may be.	Sub Rule (4) shall be omitted.
-	After rule 5 of the said rules, following rule shall be inserted, namely:- “Rule 5A. Access to a registered premises. (1) An officer authorised by the Commissioner in this behalf shall have access to any premises registered under these rules for the purpose of carrying out any scrutiny, verification and checks as may be necessary to safeguard the interest of revenue.   (2) Every assessee shall, on demand, make available to the officer authorised under sub-rule (1) or the audit party deputed by the Commissioner or the Comptroller and Auditor General of India, within a reasonable time not exceeding fifteen working days from the day when such demand is made, or such further period as may be allowed by such officer or the audit party, as the case may be, - (i) the records as mentioned in sub-rule (2) of rule 5; (ii) trial balance or its equivalent; and (iii) the income-tax audit report, if any, under section 44AB of the Income-tax Act, 1961 ( 43 of 1961), for the scrutiny of the officer or audit party, as the case may be.’’.

 

Member-exporters may kindly note the above amendments.

 

With regards

 

Dr. K. Elangovan

Executive Director

 

Notifications/Circulars