[TO BE PUBLISHED IN
THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
Department of Revenue
New Delhi, the 30th
December, 2011
Notification No. 52/2011-Service
Tax
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 Government of India in the Ministry of Finance
(Department of Revenue) notification 17/2009 - Service Tax, dated the 7th July,
2009, published in the Gazette of India, Extraordinary, part II, section 3,
subsection (i) vide number G.S.R. 489(E), dated the 7th July, 2009, except as
respects things done or omitted to be done before such supersession, the
Central Government, on being satisfied that it is necessary in the public
interest so to do, hereby exempts the taxable services specified in column (3) of
the Table below (hereinafter referred to as specified services) falling under
sub-clauses of clause (105) of section 65 of the said Act, received by an
exporter of goods (hereinafter referred to as the exporter) and used for export
of goods (hereinafter referred to as said goods), from the whole of the service
tax leviable thereon under section 66 and section 66A of the said Act, subject to the specified
conditions:
Provided that–
(a) the exemption shall be
provided by way of refund of service tax
paid on the specified services used for export of the said goods;
(b) the exemption shall be claimed
either on
the basis of rates specified in the Schedule of rates annexed to this
notification(hereinafter referred to as the Schedule), as per the procedure specified
in paragraph 2 or on the basis of documents,
as per the procedure specified in paragraph 3;
(c) no CENVAT credit of service
tax paid on the specified services used for export of the said goods has been
taken under the CENVAT Credit Rules, 2004;
(d) the exemption shall not be
claimed by a Unit
or Developer of a Special Economic Zone;
(2) the exemption shall be given effect to in
the following manner, namely:-
(a) manufacturer-exporter, who is registered
as an assessee under the Central Excise Act, 1944 (1 of 1944) or the rules made
thereunder shall register his central excise registration number and bank
account number with the customs;
(b) exporter who is not so registered under
the provisions referred to in clause (a), shall register his service tax code
number and bank account number with the customs;
(c) service
tax code number referred to in clause (b), shall be obtained by filing a declaration
in Form A-2 to the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, having jurisdiction over the registered office or the
head office, as the case may be, of such exporter;
(d) the exporter shall make a declaration in the
electronic shipping bill or bill of export, as the case may be, while
presenting the same to the proper officer of customs, to the effect that—
(i) the refund of service tax paid on the specified
services is claimed as a percentage of the declared FOB value of the said goods,
on the basis of rate specified in the Schedule;
(ii) no further refund
shall be claimed in respect of the specified services, under procedure specified
in paragraph 3 or in any other manner, including on the ground that the refund obtained
is less than the service tax paid on the specified services;
(e) service
tax paid on the specified services eligible as refund under this exemption, shall
be calculated by applying the rate specified for goods of a class or description,
in the Schedule, as a percentage of the FOB value of the said goods;
(f) amount
so calculated as refund shall be deposited in the bank account of the exporter;
(g) shipping
bill or bill of export on which refund has been claimed on the basis of rate specified
in the Schedule, by way of procedure specified in this paragraph, is not
eligible for refund claim on the basis of documents, specified in paragraph 3;
(h) where
the refund involved in a shipping bill or bill of export is less than rupees fifty,
the same shall not be allowed;
(3) the exemption shall be given effect to in
the following manner, namely:-
(a) the exporter claiming the exemption has actually paid the service
tax on the specified service used for export of the said goods;
(b) the
person liable to pay service tax under section 68 of the said Act on the specified
service provided to the exporter and used for export of the said goods shall not be eligible to claim exemption for the
specified service;
(c) exemption by way of refund claimed by following the procedure specified
in this paragraph shall be subject to the conditions specified against the
specified service in column (4) of the said Table;
(d) the manufacturer-exporter, who is registered as an assessee under
the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder, shall
file a claim for refund of service tax paid on the specified service to the
Assistant Commissioner of Central Excise or the Deputy Commissioner of Central
Excise, as the case may be, having jurisdiction over the factory of manufacture
in Form A-1;
(e) the exporter who is not so registered under the provisions referred
to in clause (d), shall before filing a claim for refund of service tax, file a
declaration in Form A-2, seeking allotment of service tax code, to the
Assistant Commissioner of Central Excise or the Deputy Commissioner of Central
Excise, as the case may be, having jurisdiction over the registered office or
the head office, as the case may be, of such exporter;
(f) the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, shall, after due
verification, allot a service tax code number to the exporter referred to in
clause (e), within seven days from the date of receipt of the said Form A-2;
(g) on obtaining the service tax
code, exporter referred to in clause (e), shall file the claim for refund of service
tax to the Assistant Commissioner of Central Excise or the Deputy Commissioner
of Central Excise, as the case may be, having jurisdiction over the registered
office or the head office, as the case may be, in Form A-1;
(h) the claim for refund shall be filed within one year from the date of
export of the said goods.
Explanation.- For the purposes of this clause the date
of export shall be the date on which the proper officer of Customs makes an
order permitting clearance and loading of the said goods for exportation under
section 51 of the Customs Act, 1962 (52 of 1962);
(i) where the refund involved in a claim is less than rupees five
hundred, the same shall not be allowed;
(j) where the total amount of refund sought under a claim is upto 0.25% of the total FOB value of export goods and the
exporter is registered with the Export Promotion Council sponsored by Ministry
of Commerce or Ministry of Textiles, Form A-1 shall be submitted along with
relevant invoice, bill or challan, or any other document including documents
specified in column (4) of the said Table for each taxable service, in original,
issued in the name of the exporter, evidencing payment for the specified
service used for export of the said goods and the service tax payable, certified
in the manner specified in sub-clauses (A) and (B);
(A) if the exporter is a
proprietorship concern or partnership firm, the documents enclosed with the
claim shall be self-certified by the exporter and if the exporter is a limited
company, the documents enclosed with the claim shall be certified by the person
authorised by the Board of Directors;
(B) the documents enclosed with
the claim shall also contain a certificate from the exporter or the person authorised
by the Board of Directors, to the effect that specified service to which the
document pertains has been received, the service tax payable thereon has been
paid and the specified service has been used for export of the said goods under
the shipping bill number;
(k) where the total amount of refund sought under a claim is more than
0.25% of the total FOB value of export goods, the procedure specified in clause
(j) above shall stand modified to the extent that the certification prescribed thereon, in
sub-clauses (A) and (B) shall be made by the Chartered Accountant who audits
the annual accounts of the exporter for the purposes of the Companies Act, 1956
(1 of 1956) or the Income Tax Act, 1961(43 of 1961), as the case may be;
(l) the Assistant Commissioner of Central Excise
or the Deputy Commissioner of Central Excise, as the case may be, shall, after
satisfying himself,-
(i) that the service tax refund claim filed in
Form A-1 is complete in every respect;
(ii) that the specified documents have been enclosed after due
certification;
(iii) that
refund has not been already received on the shipping bills or bills of export on the basis of procedure prescribed in
paragraph 2;and
(iv) that the refund claimed is arithmetically
accurate, refund the service tax paid on the specified service within a period
of one month from the receipt of said claim:
Provided that where the Assistant
Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as
the case may be, has reason to believe that the claim, or the enclosed documents
are not in order or that there is a reason to deny such refund, he may, after
recording the reasons in writing, take action, in accordance with the
provisions of the said Act and the rules made thereunder;
(4) Where any refund of service tax paid on
specified service utilized for export of said goods has been allowed to an
exporter but the sale proceeds in respect of said goods are not received by or on behalf of the exporter, in India,
within the period allowed by the Reserve Bank of India under section 8 of the
Foreign Exchange Management Act, 1999 (42 of 1999), including any extension of
such period, such refund shall be deemed never to have been allowed and recovered
under the provisions of the said Act and the rules made thereunder, as if it is
a recovery of service tax erroneously refunded;
(5) This notification shall come into effect on
the 3rd day of January, 2012.
Table
Sl.No. |
Classification under
sub–clauses of clause (105) of section 65 of the said Act |
Taxable Services (referred to as
‘specified services’) |
Conditions |
(1) |
(2) |
(3) |
(4) |
1. |
(d) |
Service
provided to an exporter by an insurer, including a reinsurer carrying on
general insurance business in relation to insurance of said goods. |
Exporter
shall submit document issued by the insurer, including re-insurer, for payment
of insurance premium and the document shall be specific to export goods and
shall be in the name of the exporter. |
2. |
(zn) |
Service
provided by a port or any person authorised by the port in respect of the
export of said goods. |
|
3. |
(zzh) |
Service
provided by a technical testing and analysis agency, in relation to technical
testing and analysis of said goods. |
|
4. |
(zzi) |
Service
provided by a technical inspection and certification agency in relation to
inspection and certification of export goods. |
|
5. |
(zzl) |
Service
provided by other port or any person authorised by that |
|
6. |
(zzp) |
(i)
Service provided for transport of said goods from the inland |
(i)
exporter shall certify that the benefit of exemption provided vide notification
number 18/2009-S.T. has not been claimed; and (ii)
details, those are specified in the invoice of exporter relating to export
goods, are specifically mentioned in the lorry receipt or consignment note or
transporters’ invoice and the corresponding shipping bill; (iii)
invoice issued by the exporter in relation to export goods shall indicate the inland container
depot or port or airport from where the goods are exported. |
7. |
(zzzp) |
(i)
Service provided for transport of said goods from the inland |
|
8. |
(zzzd) |
Specialized
cleaning services namely disinfecting,exterminating, sterilizing or fumigating
of containers used for export of said goods provided to an exporter. |
|
9. |
(zza) |
Service
provided for storage and warehousing of said goods. |
|
10. |
(f) |
Service
provided by a courier agency to an exporter in relation |
(i)
The receipt issued by the courier agency shall specify the importer exporter code
(IEC) number of the exporter, export invoice number, nature of courier,
destination of the courier including name and address of the recipient of the
courier; and (ii)
exporter produces documents relating to the use of courier service to export
goods. |
11. |
(h) |
Service
provided by a custom house agent in relation to export |
Exporter
shall produce,- (b)
number and date of the invoice issued by the exporter relating to export goods;
(c)
details of all the charges, whether or not reimbursable, collected by the custom
house agent from the exporter in relation to export goods; (ii)
details of other taxable services provided by the said custom house agent and
received by the exporter, whether or not relatable to export goods. |
12. |
(zm) |
(i)
Service provided in relation to collection of export bills; |
|
13. |
(zzk) |
Service
of purchase or sale of foreign currency including money changing provided to
an exporter in relation to export goods. |
|
14. |
(zzzzj) |
Service
of supply of tangible goods for use, without transferring right of possession
and effective control of tangible goods, provided to an exporter in relation
to goods exported by the exporter. |
|
15. |
(j) |
Service
provided by a clearing and forwarding agent in relation to export goods
exported by the |
Exporter
shall produce,- |
16. |
classified
under any sub-clause of clause (105) of section 65. |
Payment
of service tax paid on services commonly known as |
|
17. |
(zzzzl) |
Service provided for transport of export
goods through national waterway, inland water and coastal shipping. |
(i) The exporter shall- (a) produce the Bill of Lading or a
Consignment Note or a similar document by whatever name called, issued by
name; (b) produce evidence to the effect
that the said transport is provided for export of said goods. |
18. |
(zzm) |
Service provided by airports authority or
any other person in any airport in respect of the export of said goods. |
|
---------------------------------------------
Form A –
1
Application for claiming refund of service tax paid on specified services used
for export of the said goods, under Notification No.___ / 20__-ST
To,
The Deputy/Assistant Commissioner of Central Excise
Sir,
I/We claim refund of
Rs........... (Rupees in words), under Notification No.____ dated______ , in
respect of service tax paid on specified services used for export of goods.
1. Name of the exporter:
2. Membership number of the Export Council:
3. Name of the Export Council:
4. Address of the registered / head office of exporter:
5. Telephone Number and e-mail ID of the exporter:
6. Division ……… Commissionerate ……………
7. Central Excise Registration Number (for manufacturer exporter) /
Service Tax Code Number (for exporters other than manufacturer exporter)
8. Import Export Code Number…………..
9. Details of Bank Account (Name of Bank, branch address and
account number)
10. Details of the refund claim (separately for each Shipping
Bill):
(Rupees
in thousands)
S. |
Details of goods
exported on which refund of service tax claimed. |
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Details of shipping
bill/ bill |
Details of goods
exported. |
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No. |
Date. |
Date of Let |
Bill of |
Date. |
Description |
Quantity. |
Unit. |
FOB |
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1 |
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Details of
specified services used for export of goods mentioned in Columns 2 and 3. |
Documents |
Total
amount |
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Name
of |
Service Service
Tax Code |
Invoice |
Date |
Description
of specified service |
Classification
under the Finance |
Total |
|
In |
As
a |
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9. Declaration:-
I / We hereby declare that-
(i) the information given in this application form is true,
correct and complete in every respect, in accordance with the notification and
that I am authorised to sign on behalf of the exporter; electronic refund of
service tax has not been received from customs on the shipping bills on which
refund is claimed;
(ii) no CENVAT credit of service tax paid on the specified
services used for export of said goods is/shall be taken under the CENVAT
Credit Rules, 2004;
(iii) the exemption has been claimed for service tax which has
been actually paid on the specified services;
(iv) I / we shall maintain records pertaining to export of said goods
and the specified services used for export of the said goods and shall make
available, at the declared premises, at all reasonable time, such records for
inspection and examination by the Central Excise Officer authorised in writing
by the jurisdictional Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be.
Date:
Place:
Signature and full address of Exporter
(Affix stamp)
-----------------------------------------------------------------------------------------------------
Form A-2
Declaration
by an exporter, for obtaining Service Tax Code
(referred under clause 3(e) of Notification
No. ___ /20__- ST dated __________)
1. Name of the exporter:
2. Address of the registered office or head office of the Exporter
:
3. Permanent Account Number (PAN) of the Exporter :
4. Import Export Code (IEC) of the Exporter:
5. Details of Bank Account of the Exporter:
(a) Name of the Bank :
(b) Name of the Branch :
(c) Account Number :
6. (a) Constitution of Exporter [Proprietorship /Partnership
/Registered Private Limited Company /Registered Public Limited Company /Others
(specify)]
(b) Name, address and telephone number of proprietor /partner
/director
7. Name, designation and address of the authorised signatory /
signatories:
8. I / We hereby
declare that-
(i) 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;
(ii) I / we shall maintain records pertaining to export of said goods
and the specified services used for export of the said goods and shall make
available, at the declared premises, at all reasonable time, such records for
inspection and examination by the Central Excise Officer authorised in writing
by the jurisdictional Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be.
(Signature of the applicant / authorised
person with stamp)
Date:
Place:
Schedule of rates The Chapter or sub-Heading and descriptions of goods in the following Schedule are aligned with
the tariff items and descriptions of goods in the First Schedule to the
Customs Tariff Act, 1975(51 of 1975). The General Rules for the
Interpretation of the First Schedule to the said Customs Tariff Act, 1975
shall mutatis mutandis apply for classifying the export goods listed in the
Schedule.
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F.No.354/66 /2011-TRU (Samar
Nanda) |