(2) The assessee shall deposit the service tax liable to be
paid by him with the bank designated by the Central Board of
Excise and Customs for this purpose in Form TR-6 or in any other
manner prescribed by the Central Board of Excise and Customs.
(2A) for the purpose of this rule, if the assessee deposits
the service tax by cheque, the date of presentation of cheque
to the bank designated by the Central Board of Excise and Customs
for this purpose shall be deemed to be the date on which service
tax has been paid subject to realization of that cheque.
(3) Where an assessee has paid to the credit of Central Government
service tax in respect of a taxable service, which is not so
provided by him either wholly or partially for any reason, the
assessee may adjust the excess service tax so paid by him (calculated
on a pro rata basis) against his service tax liability for the
subsequent period, if the assessee has refunded the value of
taxable service and the service tax thereon to the person from
whom it was received.
(4) Where an assessee is, for any reason, unable to correctly
estimate, on the date of deposit, the actual amount payable
for any particular month or quarter, as the case may be, he
may make a request in writing to the Assistant Commissioner
of Central Excise or the Deputy Commissioner of Central Excise,
as the case may be, giving reasons for payment of service tax
on provisional basis and the Assistant Commissioner of Central
Excise or the Deputy Commissioner of Central Excise, as the
case may be, on receipt of such request, may allow payment of
service tax on provisional basis on such value of taxable service
as may be specified by him and the provisions of the Central
Excise (No.2) Rules, 2001, relating to provisional assessment,
except so far as they relate to execution of bond, shall, so
far as may be, apply to such assessment.
(5) Where an assessee under sub-rule (4) requests for a provisional
assessment he shall file a statement giving details of the difference
between the service tax deposited and the service tax liable
to be paid for each month in a memorandum in Form ST-3A accompanying
the quarterly or half yearly return, as the case may be. (6)
Where the assessee submits a memorandum, in Form ST-3A under
sub-rule (5), it shall be lawful of the Assistant Commissioner
of Central Excise or the Deputy Commissioner of Central Excise,
as the case may be to complete the assessment, wherever he deems
it necessary, after calling such further documents or records
as he may consider necessary and proper in the circumstances
of the case.
Explanation. – For the purposes of this rule and rule 7, "Form
TR-6" means a memorandum or challan referred to in rule 92 of
the Treasury Rules of the Central Government. (7) The person
liable for paying the service tax in relation to the services
provided by an air travel agent, shall have the option, to pay
an amount calculated at the rate of 0.25% of the basic fare
in the case of domestic bookings, and at the rate of 0.5% of
the basic fare in the case of international bookings, of passage
for travel by air, during any calendar month or quarter, as
the case may be, towards the discharge of his service tax liability
instead of paying service tax at the rate of five per cent of
the value of taxable service rendered by him and the option,
once exercised, shall apply uniformly in respect of all the
bookings of passage for travel by air made by him and shall
not be changed during a financial year under any circumstances.
Explanation - For the purposes of this sub-rule, the expression
"basic fare" means that part of the air fare on which commission
is normally paid to the air travel agent by the airline. (7A)
An insurer carrying on life insurance business liable for paying
the service tax in relation to the risk cover in life insurance
business provided to a policy holder shall have the option to
pay amount calculated at the rate of 1 per cent of the gross
amount of premium charged by such insurer towards the discharge
of service tax liability instead of paying service tax at the
rate specified in section 66 of Chapter V of the Act:
Provided that such option shall not be available in cases where-
(a) the entire premium paid by the policy holder is only towards
risk cover in life insurance; or
(b) the part of the premium payable towards risk cover in life
insurance is shown separately in any of the documents issued
by the insurer to the policy holder;
(8) The value of the taxable service in relation to the services
provided by a clearing and forwarding agent to a client for
rendering services of clearing and forwarding operations in
any manner shall be deemed to be the gross amount of remuneration
or commission (by whatever name called) paid to such agent by
the client engaging such agent.
(9) The value of taxable service in relation to insurance auxiliary
services provided by an insurance agent shall be deemed to be
the gross amount of commission, fee or any other sum (by whatever
name called) paid to such agent by the insurer appointing such
agent.
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