Tuesday, September 18, 2012

Place of Provision of services Rules, 2012


Place of Provision of Services Rules, 2012

Rule No.
Place of Provision of Services
Rule (Place of Provision of service)
14
Order of application of rules
When Provision of service prima facie determinable in terms of more than one rule, The rule that occurs later Shall Apply.
3
Generally
Location of the Recipient;
Provided: - When location of receiver not available than location of service provider.
4
Performance based
(a) As per Location of Goods :-  For Services for goods that are required to be made physically available by the recipient to the provider of services-
Where the services are actually performed
Provided:-
When service provided from remote location by electronic means-
Where goods are situated at time of provision.
This sub-rule Shall NOT APPLY when goods temporarily IMPORTED into India FOR:-
1.    Repairs
2.    Reconditioning
3.    Re-engineering
FOR EXPORT.

Example of such services: - Repairs, Storage, Courier, Testing, repair of Software etc.
(b) As per Physical presence of Receiver :- For services provided to individual  which requires the physical presence of the receiver with the provider of services-
where the services are actually performed

Example of such services:- Plastic Surgery, Photography etc.
5
Relating to Immovable property
Where the immovable property is located or intended to be located
6
Relating to Events
Where the Event is Actually Held
7
Provided at more than one location

Location in the taxable territory where the greatest proportion of service is provided

8
Provider & Recipient located in taxable territory

Location of the recipient of Service
9
Specified Services
For following services Location of Service provider
1.  Provided by Banking co., FI, NBFC to Account holders.
2.  Online information & Database access or retrieval services.
3.  Intermediary Services.
4.  Hiring of means of transportation up to a period of 1 Month.
10
Goods Transportation services
Place of Destination of Goods
Provided transportation other than by Mail or Courier.
Provided place of provision shall be the location of person liable to pay tax.
11
Passenger Transportation Services
Place where the passenger embarks on the conveyance for a continuous journey.
12
Provided on board a conveyance
The first Scheduled point of departure of that conveyance of the journey.
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