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[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. 27/2012 - Service Tax
New Delhi, the 20
th
June, 2012
G.S.R. (E).- 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 services provided by any person, for
the official use of a foreign diplomatic mission or consular post in India, or for personal use or for the use of the family members
of diplomatic agents or career consular officers posted therein from whole of the service tax leviable under section 66B of the
said Act, subject to the following conditions, namely:-
(i) that the foreign diplomatic mission or consular post in India, or diplomatic agents or career consular officers posted
therein, are entitled to exemption from service tax, as stipulated in the certificate issued by the Protocol Division of the Ministry
of External Affairs, based on the principle of reciprocity;
(ii) that in case of diplomatic agents or career consular officers posted in the foreign diplomatic mission or consular post in
India, the Protocol Division of the Ministry of External Affairs or the Protocol Department of the State concerned issues to each
of such diplomatic agent or career consular officer an identification card bearing unique identification number and containing a
photograph and name of such diplomatic agent or career consular officer and the name of the foreign diplomatic mission or
consular post in India, where he is posted;
(iii) that the head of the foreign diplomatic mission or consular post, or any person of such mission or post authorised by him,
shall furnish to the provider of taxable service, a copy of such certificate duly authenticated by him or the authorised person,
alongwith an undertaking in original, signed by him or the authorised person, bearing running serial number commencing from
a financial year and stating that the services received are for official purpose of the said foreign diplomatic mission or consular
post; or for personal use of the said diplomatic agent or career consular officer or members of his/her family mentioning the
unique identification number as appearing in the identification card issued to them and stating that the services received are
for personal use of the said diplomatic agent or career consular officer or members of his/her family;
(iv) that the head of the foreign diplomatic mission or consular post or the authorized person shall maintain an account of the
undertakings issued during a financial year and the account shall contain;-
(a) the serial number and date of issue of the undertakings;
(b) in case of personal use of diplomatic agents or career consular officers posted in the foreign diplomatic mission or consular
post in India, the name, designation and unique identification number of the diplomatic agent or career consular officer in
favour of whom the undertaking has been issued;
(c) the name and the registration number of the provider of taxable service; and
(d) the description of taxable service and invoice number.
(v) The invoice or bill, or as the case may be, the challan issued under the provisions contained in rule 4A of the Service Tax
Rules, 1994, shall, in addition to the information required to be furnished under the said rule, contain the serial number and the
date of the undertaking furnished by the said head of foreign diplomatic mission or consular post or in case of diplomatic
agents or career consular officers posted in such foreign diplomatic mission or consular post in India, the unique identification
number of the diplomatic agent or career consular officer, as the case may be; and
(vi) that the provider of taxable service shall retain the documents referred to in the conditions (i), (ii) and (iii) alongwith a
duplicate copy of the invoice issued, for the purposes of verification.
2. In case the Protocol Division of the Ministry of External Affairs, after having issued a certificate to any foreign diplomatic
mission or consular post in India or as the case may be, the identification card issued to a diplomatic agent or career consular
officer, decides to withdraw any one or both of them subsequently, it shall communicate the withdrawal of such certificate or
identification card, as the case may be, to the foreign diplomatic mission or consular post.
3. The exemption from the whole of the service tax granted to the foreign diplomatic mission or consular post in India for official
purpose or for the personal use or use of their family members shall not be available from the date of withdrawal of such
certificate or identification card, as the case may be.
4. This notification shall come into force on the 1
st
day of July, 2012.
[F.No. 334 /1/ 2012-TRU]

(Rajkumar Digvijay)
Under Secretary to the Government of India
notifications no 27 2012 st | iKargos