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Date: 23-08-2007
Notification No: Service Tax Notification No 38/2007 ST
Issuing Authority: Service Tax  
Type: Notification
File No: 356/82/2006-TRU
Subject: Amends Notification No. 1/2006-Service Tax, dated the 1st March, 2006

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)


Notification No. 38/2007-Service Tax


New Delhi, the 23rd August, 2007


G.S.R. (E). In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 1/2006-Service Tax, dated the 1st March, 2006, vide number G.S.R. 115 (E), dated the 1st March, 2006, namely: -

In the said notification, in the Table, for S.No. 2 and the entries relating thereto, the following shall be substituted, namely: -


(1) (2) (3) (4) (5)
“2. (n)
  1. Services provided or to be provided
    to any person, by a tour operator in
    relation to a package tour.

    Explanation.- The expression
    “package tour” means a tour wherein
    transportation, accommodation for
    stay, food, tourist guide, entry to
    monuments and other similar
    services in relation to tour are
    provided by the tour operator as part
    of the package tour to the person
    undertaking the tour.

  2. Services provided or to be
    provided to any person, by a tour
    operator in relation to a tour, if the
    tour operator is providing services
    solely of arranging or booking
    accommodation for any person in
    relation to a tour.



  3. Services, other than services
    specified in (i) and (ii) above, provided
    or to be provided to any person, by a
    tour operator in relation to a tour.

The bill issued for this purpose
indicates that it is inclusive o
f charges for such a tour.

  1. The invoice, bill or challan
    issued indicates that it is towards
    charges for such accommodation,
    and

  2. this exemption shall not apply
    in such cases where the invoice,
    bill or challan issued by the tour
    operator, in relation to a tour, only
    includes the service charges for
    arranging or booking
    accommodation for any person and
    does not include the cost of such
    accommodation.


    The bill issued indicates that the
    amount charged in the bill is the
    gross amount charged for such a
    tour.


25




10










40”


(G.G. Pai)
Under Secretary to the Government of India
[F.No. 356/82/2006-TRU]


Note:- The principal notification No. 1/2006-Service Tax, dated the 1st March,2006, was published in the Gazette of India , Part II, Section 3, sub-section (i)vide number G.S.R. 115(E), dated the 1st March,2006 and was last amended by notification No. 20/2006-Service Tax, dated the 25th April,2006, G.S.R. 250(E), dated the 25th April,2006.

       

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