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Service Tax - Notifications

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Effective rate of service tax for tour operator services (other than service in relation to a package tour) - 002/04 - Service Tax

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Rescinded by Notification No. 2/2006 - Service Tax dated 1/3/2006

Effective rate of service tax for tour operator services (other than service in relation to a package tour)

[Notification No. 2/2004-S.T., Dated. 5/2/2004]

[As amended by Notification No. 08/2004-ST, Dated 09/07/2004 and  Notification No. 12/2004-ST, Dated 10/9/2004  ]

In exercise of the powers conferred by section 93 of the Finance Act, 1994 (32 of 1994), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service (other than service in relation to a package tour) provided by a tour operator from so much of the service tax leviable on such operator, as is in excess of the amount of service tax calculated on 1[forty per cent] Of the gross amount charged from any person by such operator for the services provided in relation to a tour and bill issued for this purpose indicates that the amount charged in the bill is the gross amount charged for such a tour.

2[Provided that the said exemption shall not apply in such cases where-

(i) credit of duty paid on inputs or capital goods has been taken under the provisions of the Cenvat Credit Rules, 2004; or       

(ii)  such tour operator has availed the benefit under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2003-Service Tax, dated the 20th June, 2003   [G.S.R. 503 (E), dated the 20th June, 2003].]

Explanation: For the purposes of this notification, the expression "package tour" means a tour in which the provisions for transportation and accommodation for stay of the person undertaking the tour has been afforded by the tour operator.

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Note :

1. For the words "ten per cent.", the words "forty per cent." has been substituted vide Notification no. 8/2004 dated 9/7/2004

2. Has been inserted vide Notification No. 12/2004 dated 10/9/2004

 
 

 

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