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Seeks to amend notification No. 26/2012- Service Tax, dated 20th June, 2012, so as to make necessary amendments in the specified entries prescribing taxable portion and the conditions for availing the exemption therein.
July, 18th 2014
TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]

                                      Government of India
                                      Ministry of Finance
                                    (Department of Revenue)

                                       Notification
                                No. 08/2014 - Service Tax

                                                              New Delhi, the 11th July, 2014

      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, being satisfied that it is
necessary in the public interest so to do, hereby makes the following further amendments in
the notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.26/2012-Service Tax, dated the 20th June, 2012, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 468 (E), dated
the 20th June, 2012, namely:-




1.   In the said notification, in the TABLE,-

     (i)    against serial number 7, in column (4), after the words "has not been taken",
     the words "by the service provider" shall be inserted;

     (ii)    in serial number 8, for the entry in column (4), the following entry shall be
     substituted, namely:-

             "CENVAT credit on inputs, capital goods and input services, used for
             providing the taxable service, has not been taken under the provisions of the
             CENVAT Credit Rules, 2004.";

     (iii)   in serial number 9,-

             (a)    in column (2), for the words "any motor vehicle designed to carry
             passengers", the words "motorcab" shall be substituted with effect from the 1 st
             day of October, 2014;

             (b)     for the entry in column (4), the following entry shall be substituted
             with effect from the 1st day of October, 2014, namely:-

                "(i) CENVAT credit on inputs and capital goods, used for providing the
                taxable service, has not been taken under the provisions of the CENVAT
                Credit Rules, 2004;
          (ii) CENVAT credit on input service of renting of motorcab has been taken
          under the provisions of the CENVAT Credit Rules, 2004, in the following
          manner:

             (a) Full CENVAT credit of such input service received from a person
             who is paying service tax on forty percent of the value; or

             (b) Up to forty percent CENVAT credit of such input service received
             from a person who is paying service tax on full value;

          (iii) CENVAT credit on input services other than those specified in (ii)
          above, has not been taken under the provisions of the CENVAT Credit
          Rules, 2004.";




(iv)  after serial number 9 and the entries relating thereto, the following serial
number and entries shall be inserted, namely:-

  "9A     Transport of passengers, with or    40     CENVAT credit on inputs,
          without             accompanied            capital goods and input
          belongings, by a contract                  services, used for providing the
          carriage other than motorcab.              taxable service, has not been
                                                     taken under the provisions of
                                                     the CENVAT Credit Rules,
                                                     2004.";

(v)    in the serial number 9A, so inserted, for the entry in the column (2), the
following entry shall be substituted with effect from such date as the Central
Government may notify for omission of the words "radio taxis" in the section
66D(o)(vi) of the Finance Act 1994, namely:-

        "Transport of passengers, with or without accompanied belongings, by-

           a. a contract carriage other than motorcab.
           b. a radio taxi.";

(vi)    in the serial number 10, for the existing entry in column (3), the entry "40"
shall be substituted with effect from the 1st day of October, 2014;

(vii) against serial number 11, in column (4), for the words "input services",
wherever occurring, the words "input services other than the input service of a tour
operator" shall be substituted with effect from the 1st day of October, 2014.
2.    Save as otherwise provided in this notification, the amendments shall come into force
on the 11th day of July, 2014.

                                                                [F.No. 334/15/2014 - TRU]


                                                                            (Akshay Joshi)
                                                Under Secretary to the Government of India

Note.- The principal notification was published in the Gazette of India, Extraordinary, vide
notification No. 26/2012 - Service Tax, dated 20th June, 2012, vide number G.S.R. 468 (E),
dated the 20th June, 2012 and was last amended by notification No.9/2013- Service Tax,
dated the 8th May, 2013 vide G.S.R. 296 (E), dated the 8th May, 2013.

 
 
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