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NOTIFICATION
NO 43/2007-Service Tax, Dated: November 29, 2007
In
exercise of the powers conferred by sub-section
(1)
of section 93 of the Finance Act, 1994 (32 of 1994), the Central
Government, on being satisfied that it is necessary in the public
interest so to do, hereby exempts the taxable service, specified in
sub-clause (zzo) of clause (105) of section 65 of the said Finance Act
(hereinafter referred to as the said service), provided in relation to
business exhibition of goods by the organiser of business exhibition
to a manufacturer of goods falling under Chapters 57, 61, 62 and 63 of
the Central Excise Tariff Act, 1985 (hereinafter referred to as the
said manufacturer), from the whole of the service tax leviable thereon
under section 66 of the said Finance Act, subject to the following
conditions, namely:-
(a)
prior to availment of exemption under this notification, the said
manufacturer has exported goods falling under Chapters 57, 61, 62 and
63 of the Central Excise Tariff Act, 1985 (hereinafter referred to as
the said goods) and is registered as exporter of said goods with any
of the following organisations, namely:
(i)
Apparel Export Promotion Council;
(ii)
Carpet Export Promotion Council;
(iii)
The Cotton Textiles Export Promotion Council;
(iv)
Handloom Export Promotion Council;
(v)
The Indian Silk Export Promotion Council;
(vi)
Powerloom Development & Export Promotion Council;
(vii)
Synthetic & Rayon Textiles Export Promotion Council;
(viii)
Wool & Woollens Export Promotion Council;
(ix)
Wool Industry Export Promotion Council;
(x)
Jute Manufacturers Development Council;
(b)
the exemption shall be claimed by the said manufacturer for the said
service received;
(c)
the exemption claimed by the said manufacturer shall be provided by
way of refund of service tax paid on the said service;
(d)
the said manufacturer claiming the exemption has actually paid the
service tax on the said service;
(e)
no CENVAT credit of service tax paid on the said service has been
taken under the CENVAT Credit Rules, 2004.
2.
The exemption contained in this notification shall be given effect to
in the following manner, namely:-
(a)
the person liable to pay service tax under section 68 of the said
Finance Act shall pay service tax as applicable on the said service
provided to the said manufacturer and such person shall not be
eligible to claim exemption for the said service;
(b)
the said manufacturer shall claim the exemption by filing a claim for
refund of service tax paid on the said 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 or warehouse;
(c)
the claim for refund shall be filed on a quarterly basis, within sixty
days from the end of the relevant quarter during which payment of the
value of the said service and the service tax thereon has been made;
(d)
the refund claim shall be accompanied by documents evidencing payment
of service tax on the said service for which claim for refund of
service tax paid is filed;
(e)
the Assistant Commissioner of Central Excise or the Deputy
Commissioner of Central Excise, as the case may be, shall, after
satisfying himself that the said service has been actually used by the
said manufacturer in relation to business exhibition of the said goods
manufactured by him, refund the service tax paid on the said service.
3.
The exemption contained in this notification shall be valid upto 31st
March, 2009.
4.
This notification shall come into force on the date of its publication
in the Official Gazette. |