Indian Service Tax - Export of Services Rules 2005. Export of Services Rules, 2005 Short title and commencement.- These rules may be called the Export of Services Rules, 2005. They shall come into force on the 15th day of March, 2005. Definitions.- In these rules, unless the context otherwise requires,- “Act” means the Finance Act, 1994 (32 of 1994); “input” shall have the meaning assigned to it in clause (k) of rule 2 of the CENVAT Credit Rules, 2004; “input service” shall have the meaning assigned to it in clause (l) of rule 2 of the CENVAT Credit Rules, 2004. Export of taxable service.- The export of taxable service shall mean,- in relation to taxable services specified in sub-clauses (d), (p), (q), (v) and (zzq) of clause (105) of section 65 of the Act, such taxable services as are provided in relation to an immoveable property which is situated outside India; in relation to taxable services specified in sub-clauses (a), (f), (h), (i), (j), (l), (m), (n), (o), (s), (t), (u), (w), (x), (y), (z), (zb), (zc), (zi), (zj), (zn), (zo), (zq), (zr), (zt), (zu), (zv), (zw), (zza), (zzc), (zzd), (zzf), (zzg), (zzh), (zzi), (zzj), (zzl), (zzm), (zzn), (zzo), (zzp), (zzs), (zzt), (zzv), (zzw), (zzx) and (zzy) of clause (105) of section 65 of the Act, such services as are performed outside India: Provided that if such a taxable service is partly performed outside India, it shall be considered to have been performed outside India; in relation to taxable services, other than,- the taxable services specified in sub-clauses (a), (f), (h), (i), (j), (l), (m), (n), (o), (p), (q), (s), (t), (u), (v), (w), (x), (y), (z), (zb), (zc), (zi), (zj), (zn), (zo), (zq), (zr), (zt), (zu), (zv), (zw), (zza), (zzc), (zzd), (zzf), (zzg), (zzh), (zzi), (zzj), (zzl), (zzm), (zzn), (zzo), (zzp), (zzq), (zzs), (zzt), (zzv), (zzw), (zzx) and (zzy); and the taxable service specified in sub-clause (d) as are provided in relation to an immoveable property, of clause (105) of section 65 of the Act,- such taxable services which are provided and used in or in relation to commerce or industry and the recipient of such services is located outside India: Provided that if such recipient has any commercial or industrial establishment or any office relating thereto, in India, such taxable services provided shall be treated as export of services only if- order for provision of such service is made by the recipient of such service from any of his commercial or industrial establishment or any office located outside India; service so ordered is delivered outside India and used in business outside India; and payment for such service provided is received by the service provider in convertible foreign exchange; such taxable services which are provided and used, other than in or in relation to commerce or industry, if the recipient of the taxable service is located outside India at the time when such services are received. Explanation.- For the purposes of this rule “India” includes the designated areas in the Continental Shelf and Exclusive Economic Zone of India as declared by the notifications of the Government of India in the Ministry of External Affairs Nos. S.O.429(E), dated the 18th July, 1986 and S.O.643(E), dated the 19th September 1996. Export without payment of service tax.- Any service, which is taxable under clause (105) of section 65 of the Act, may be exported without payment of service tax. Rebate of service tax.- Where any taxable service is exported, the Central Government may, by notification, grant rebate of service tax paid on such taxable service or service tax or duty paid on input services or inputs, as the case may be, used in providing such taxable service and the rebate shall be subject to such conditions or limitations, if any, and fulfillment of such procedure, as may be specified in the notification.
Get Sample Now Which service(s) are you interested in? Export Data Import Data Both Buyers Suppliers Both OR Exim Help + Exim News Date: 26-07-2024 Budget proposals for marine sector to boost India's aquaculture, seafood exports: MPEDA Date: 26-07-2024 India's duty cut halts concessionary silver, platinum imports from UAE Date: 26-07-2024 Govt eases norms for EPCG license holders Date: 26-07-2024 Government was sleeping at wheel: Congress on 'fall' in India's garment exports Date: 25-07-2024 India to get a three-tiered GST regime in next few months? Date: 25-07-2024 Budget 2024: Cut in customs duty, credit guarantee scheme for MSMEs to help boost mfg, exports: Expe Date: 25-07-2024 'Too high' import duty cut on gold to help contain smuggling, boost exports: CBIC Date: 25-07-2024 Budget 2024: No changes in RoDTEP, drawback schemes or 45-day payment rule a miss for MSME exporters Date: 24-07-2024 Budget earmarks Rs 1.28 lakh cr for telecom min; BSNL gets lion's share of Rs 82,916 cr Date: 24-07-2024 Gold and silver to become cheaper, customs duty cut to 6% What is New? Date: 23-07-2024 Notification No. 39/2024-Customs Seeks to amend notification No. 45/2017-Customs dated 30th June, 2017 in order to extend the time period of re-import. Date: 23-07-2024 Notification No. 51/2024-Customs (N.T.) Seeks to amend Customs Tariff (Identification, Assessment and Collection Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 to provide for New Shippers Review Date: 23-07-2024 Notification No. 29/2024-CUSTOMS Seeks to amend notification No. 154/94-Customs dated the 13th July, 1994 which provides for duty free import of commercial samples. Date: 23-07-2024 Notification No. 31/2024-Customs Seeks to amend notification No. 11/2021-Customs dated 1st February, 2021 so as to revise AIDC applicable on certainitems. Date: 23-07-2024 Notification No. 33/2024-Customs Seeks to amend notification No. 57/2000-Customs dated 8th May 2000, which provides concessional rate for gold, silver and platinum imported under specified schemes. Date: 23-07-2024 Notification No. 34/2024-Customs Seeks to amend notification related to electronics including Nos.25/1999-Customs, 25/2002-Customs and 57/2017- Customs. Date: 23-07-2024 NOTIFICATION No. 35/2024-Customs Seeks to amend notification No. 8/2020-Customs dated 1st February, 2020 in order to revise Health Cess on certain items. Date: 23-07-2024 Notification No. 36/2024-Customs Seeks to provide exemption/concessional rate of BCD and SWS to critical minerals. Date: 23-07-2024 Notification No. 37/2024-Customs Seeks to amend notification no. 27/2011-Customs dated 1st March, 2011 in order to amend the export duty on specified items of raw hides, skins and leather. Date: 19-07-2024 Notification No. 50/2024 –Customs (N.T.) Amendment to Notification No. 24/2023-Customs (N.T.) dated 01.04.2023 - Extension of RoDTEP support to exports by unit in SEZ.
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