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The posts are made on the basis of law prevalent on the date of making the posts. Updations or amendments if any, shall be mentioned in new posts subsequent the date of such amendments.

Thursday, 14 February 2013

Clarifications by CBEC

1. Clarification in respect of notices/ reminder letters issued for life insurance policies
 Issue:
Whether service tax liability arises when life insurance companies issues reminder notices/letters are being issued to the policy holders to pay renewal premiums.

Clarification by CBEC vide: Circular No.166/1/2013 –ST, dated  1  January 2013.
1. Under the Point of Taxation Rules 2011, the point of taxation generally is the date of issue of invoice (as issued under Rule 4A of the Service Tax Rules 1994) or receipt of payment whichever is earlier.
2. Therefore no tax point arises on account of such reminders, The reminders not being invoices would not invite levy of service tax. In case of issuance of any invoice, point of taxation shall accordingly be determined.
3. This clarification is issued only for life insurance sector.


2. Clarification in respect of  transportation of milk  by rail/vessel  

Issue:    Indian Railways seeks  clarification as to whether service by way of transportation of milk by rail is covered by Notification No.25/2012-ST dated 20.06.2012, serial number 20(i) ( food stuffs).


Clarification by CBEC vide: Circular No.167/2/2013 –ST, dated  1  January 2013

The service by way of transportation of milk by rail or a vessel from one place in India to another, is covered by the Notification No.25/2012-ST dated 20.06.2012.

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