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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
New Delhi, the 1st April, 2008
Notification No.17/2008-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), the Central
Government hereby makes the following further amendments in the
notification of the Government of India in the Ministry of Finance
(Department of Revenue) No.41/2007-Service Tax, dated the 6th October,
2007 which was published in the Gazette of India, Extraordinary, Part II,
section 3, sub-section (i) vide number G.S.R. 645(E), dated the 6th
October, 2007, namely:-
In the said notification, in the Schedule, after Sr.No.12 and the entries
relating thereto, the following shall be inserted, namely:-
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(1)
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(2)
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(3)
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(4)
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"13.
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section 65(105)(h)
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services provided by a custom house agent in relation export goods
exported by the exporter.
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exporter shall produce,-
(i) invoice issued by custom house agent for providing services
specified in column (3) specifying:
(a) number and date of shipping bill,
(b) description of export goods,
(c) number and date of the invoice issued by the exporter relating
to export goods,
(d) 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.
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14.
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section 65(105)(zm)
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(i) services provided in relation to collection of export bills,
(ii) services provided in relation to export letters of credit such
as advising commission, advising amendment, confirmation charges.
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exporter shall produce evidence to link the use of services
specified in column (3) for goods exported.
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15.
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section 65(105)(zzb)
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Services provided by a commission agent, located outside India, and
engaged under a contract or agreement or any other document by the
exporter in India, to act on behalf of the exporter, to cause sale
of goods exported by him.
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(i) exporter shall provide agreement or contract or any other
document, requiring the commission agent located outside India to
provide services to the exporter in relation to sale of export
goods, outside India,
(ii) exporter shall declare the amount of commission paid or payable
to the commission agent in the shipping bill,
(iii) commission sought to be remitted is not on export of a
canalized item, project exports, or exports financed under lines of
credit extended by Government of India or EXIM Bank, or exports made
by Indian partners towards equity participation in an overseas joint
venture or wholly owned subsidiary,
(iv) documents evidencing actual export of goods,
(v) documents evidencing actual payment of commission to the
commission agent,
(vi) refund of service tax shall be restricted to actual amount of
service tax paid or service tax calculated on two per cent. of FOB
value of export goods, whichever is less."
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2. This notification shall come into force on the date of its
publication in the Official Gazette.
[F.No.341/15/2007-TRU]
(G.G. Pai)
Under Secretary to the Government of India
Note.- The principal notification was published in the Gazette of
India, Extraordinary, Part II, section 3, sub-section (i), vide number
G.S.R. 645(E), dated the 6th October, 2007 and was last amended by
notification No.3/2008-Service Tax, dated the 19th February, 2008 which
was published in the Gazette of India, Extraordinary, Part II, section 3,
sub-section (i) vide number G.S.R. 94(E), dated the 19th February, 2008.
Go to
"Service Tax Update - 2008" Listings
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