Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 31/2012 - Service Tax
New Delhi, the 20th June, 2012
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) (hereinafter referred to as the said
Act) and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue),
No. 18/2009-Service Tax, dated the 7th July, 2009, published
in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R.490 (E), dated the 7th July, 2009, except as respects things
done or omitted to be done before such supersession, the Central Government,
being satisfied that it is necessary in the public interest so to do, hereby
exempts the taxable service received by an exporter of goods (hereinafter referred
to as the exporter) and used for export of goods (hereinafter referred to as
the said goods), of the description specified in column (2) of the Table below
(hereinafter referred to as the specified service), from the whole of the service
tax leviable thereon under section 66B of the said Act, subject to the conditions
specified in column (3) of the said Table, namely:-
Table
| Sr. No. |
Description of the taxable service |
Conditions |
| (1) |
(2) |
(3) |
| 1. |
Service provided to an exporter for transport of
the said goods by goods transport agency in a goods carriage from any
container freight station or inland container depot to the port or airport,
as the case may be, from where the goods are exported; or Service provided
to an exporter in relation to transport of the said goods by goods transport
agency in a goods carriage directly from their place of removal, to
an inland container depot, a container freight station, a port or airport,
as the case may be, from where the goods are exported.
|
The exporter shall have to produce the consignment
note, by whatever name called, issued in his name. |
Provided that-
- the exemption shall be available to an exporter who,-
- informs the Assistant Commissioner of Central Excise or the Deputy Commissioner
of Central Excise, as the case may be, having jurisdiction over the factory
or the regional office or the head office, as the case may be, in Form EXP1
appended to this notification, before availing the said exemption;
- is registered with an export promotion council sponsored by the Ministry
of Commerce or the Ministry of Textiles, as the case may be;
- is a holder of Import-Export Code Number;
- is registered under section 69 of the said Act;
- is liable to pay service tax under sub-section (2) of section 68 of
said Act, read with item (B) of sub-clause (i) of clause (d) of sub-rule
(1) of rule 2 of the Service Tax Rules,1994, for the specified service;
- the invoice, bill or challan, or any other document by whatever name
called issued by the service provider to the exporter, on which the exporter
intends to avail exemption, shall be issued in the name of the exporter,
showing that the exporter is liable to pay the service tax in terms of item
(v) of clause (a);
- the exporter availing the exemption shall file the return in Form EXP2,
every six months of the financial year, within fifteen days of the completion
of the said six months;
- the exporter shall submit with the half yearly return, after certification,
the documents in original specified in clause (b) and the certified copies
of the documents specified in column (4) of the said Table;
- the documents enclosed with the return shall contain a certification
from the exporter or the authorised person, to the effect that taxable service
to which the document pertains, has been received and used for export of
goods by mentioning the specific shipping bill number on the said document.
- where the exporter is a proprietorship concern or partnership firm,
the documents enclosed with the return shall be certified by the exporter
himself and where the exporter is a limited company, the documents enclosed
with the return shall be certified by the person authorised by the Board
of Directors;
2. This notification shall come into force on the 1st day of July, 2012.
Form EXP1
[See item (i) of clause (a) of proviso ]
S.No----------------------
(to be filled in by the office of jurisdictional Assistant
/ Deputy Commissioner)
To,
The Deputy Commissioner /Assistant Commissioner of Central Excise
Sir,
I/We intend to avail of the exemption from service tax under Notification
No. 31/2012-ST, dated 20th June, 2012 in respect of service for transport of
the said goods by road, which has been used for export of goods and the relevant
particulars are as follows.
- Name of the exporter………
- Service Tax Registration No……….
- Division ……… Commissionerate ……………
- Membership No. the Export Council………….
- Name of the Export Council…………
- Address of the registered / head office of exporter:……..
- Tel. No. and e-mail ID of the exporter……..:
- Import -Export Code No…………..
- Details of Bank Account (Name of Bank, branch address and account number)……..
I/we undertake that I/we shall comply with the conditions laid down in the
said notification and in case of any change in aforementioned particulars; I/We
shall intimate the same.
Date:…..
Place:……..
Signature and full address of Exporter
(Affix stamp)
Receipt (to be given by office of Assistant Commissioner/ Deputy Commissioner
having jurisdiction) Received Form EXP1 dated --/--/-- submitted by __________(
name of the exporter). The said intimation is accepted and given acknowledgment
No. _____( S. No. Above)
For Assistant, / Deputy Commissioner
(Stamp)
Form EXP2
[See clause (c) of proviso]
To,
The Deputy Commissioner /Assistant Commissioner of Central Excise
Sir,
I/We have availed of exemption of service tax under Notification No. 31/2012-ST,
dated 20th June, 2012 in respect of services, namely, the services provided
for transport of said goods in a goods carriage by goods transport agency, and
has used the same for export of goods during the period from …… to….. .. and
the relevant particulars are as follows:-
- Name of the exporter………..
- Address of the registered / head office of exporter…………
- Tel. No. and e-mail ID of the exporter……..:
- Service Tax Registration No…….
- Division ……… Commissionerate ……………
- Membership No. Of the Export Council………
- Import Export Code No…………..
- Name of the Export Council………..
- Details of Bank Account (Name of Bank, branch address and account number)……..
Table-A
| Sr. No. |
Details of goods exported (on which exemption
of service tax availed) during the six months ending on………………………….. |
| |
Details of Shipping Bill / Bill of export
(Please enclose self attested copy of Shipping Bill or Bill of Export)
and Details of goods exported (in case of exports of more than one commodity,
please fill in the proforma, commodity-wise) |
| |
No. |
Date |
Date of Let export order |
Export invoice no |
Date |
Description of goods exported |
Quantity (please mention the unit)
|
FOB value (in rupees in lakh) |
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Table- B
| Details of specified service used for
export of goods, covered under the Shipping Bill or Bill of Export mentioned
in Table A in respect of which the exemption has been availed during
the six months ending on………………………….. |
Details of documents attached showing the use of
such service for export, the details of which are mentioned in Table
A (self attested) |
Total amount of service tax claimed as exemption(rupees
in lakhs) |
| Name of service provider |
Address of service provider |
Invoice No. |
Date |
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9. Declaration:-
I / We hereby declare that-
- I have complied with all the conditions mentioned in Notification No.
31/2012-ST, dated 20th June, 2012;
- the information given in this application form is true, correct and
complete in every respect and that I am authorised to sign on behalf of
the exporter;
- no CENVAT credit of service tax paid on the specified service used for
export of said goods taken under the CENVAT Credit Rules, 2004;
- I / we, am/ are enclosing all the required documents. Further, I understand
that failure to file the return within stipulated time or non-enclosure
of the required document, duly certified, would debar me/us for the refund
claimed aforesaid.
Date:……..
Place:………
Signature and full address of Exporter
(Affix stamp)
Enclosures: as above
(Rajkumar Digvijay)
Under Secretary to the Government of India
[F.No. 334 /1/ 2012-TRU]