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I did my graduation from IIT Delhi and Post Graduate Diploma in Supply Chain and Logistics from LIBA Chennai.Worked five years in the BHEL then fifteen years in Revenue Department .Currently practicing as Indirect Tax Consultant in Service Tax, Excise and Customs.

Friday, March 11, 2011

Change in definition of Service in Export of Services Rules, 2005,


Classification of  Service  as Export of Services has been changed from "as are performed outside India"
to “as are performed outside India”

Relevant notification is reproduced here :

Notification    No. 12/2011 – Service Tax             New Delhi, the 1st March, 2011

G.S.R. (E).-    In exercise of the powers conferred by sections 93 and 94 of the Finance Act,
1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the
Export of Services Rules, 2005, namely :-
1. (1) These rules may be called the Export of Services (Amendment) Rules, 2011.
(2)  They shall come into force on the 1st day of April, 2011.

2.  In the Export of Services Rules, 2005, in rule 3, in sub-rule (1),-
(i) in clause (i), for the brackets, letters and word “(zzzza), and (zzzzm)”, the brackets, letters
and word  “(zzzza), (zzzzm) and (zzzzu)” shall be substituted;
(ii) in clause (ii), for the portion beginning with the brackets, figures and words “specified”
and ending with the words “as are performed outside India”, the following shall be
substituted,namely:-
“(ii) specified in sub-clauses (a), (f), (h), (i), (j), (l), (n), (o), (w), (z), (zb), (zc), (zi), (zj),
(zn), (zo), (zq), (zr), (zt), (zu),  (zv),  (zw), (zz), (zza), (zzc), (zzd), (zzf), (zzg), (zzi), (zzl),
(zzm), (zzo), (zzt), (zzv), (zzw), (zzx), (zzy), (zzzd), (zzze), (zzzf), (zzzzg), (zzzzh), (zzzzi),
(zzzzk), (zzzzl) and (zzzzo) of clause (105) of section 65 of the Act, be provision of such
services as are performed outside India:”
Note.-    The principal rules were notified vide notification no. 9/2005-Service Tax, dated the 3rd
March, 2005, published in the Gazette of India, Extraordinary vide number G.S.R. 151(E), dated the
3rd March 2005 and last amended vide notification No.06/2010-Service Tax, dated the 27thFebruary,
2010, vide number G.S.R.150 (E), dated the 27thFebruary, 2010.

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