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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. 49/2010 - Service Tax
New Delhi, the 8
th
October, 2010
G.S.R. (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 94 of the Finance Act, 1994 (32 of 1994)
(hereinafter referred to as the said Act), the Central Government hereby makes the following rules further to amend the Service
Tax Rules, 1994, namely :-
1. (1) These rules may be called the Service Tax (Second Amendment) Rules, 2010.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Service Tax Rules, 1994 (hereinafter referred to as the said rules), in rule 6, after sub-rule (7B), the following shall be
inserted, namely:-
"(7C) The distributor or selling agent, liable to pay service tax for the taxable service of promotion, marketing, organising or in
any other manner assisting in organising lottery, referred to in sub-clause (zzzzn) of clause (105) of section 65 of the said Act
(hereinafter referred to as the said sub-clause), shall have the option to pay an amount at the rate specified in column (2) of the
Table given below, subject to the conditions specified in the corresponding entry in column (3) of the said Table, instead of
paying service tax at the rate specified in section 66 of Chapter V of the said Act:
Table
Sl.
No.
Rate Condition
(1) (2) (3)
1.
Rs 6000/- on every Rs 10 Lakh (or part of Rs 10 Lakh) of aggregate face
value of lottery tickets printed by the organising State for a draw
If the lottery or lottery scheme is one where the
guaranteed prize payout is more than 80%
2.
Rs 9000/- on every Rs 10 Lakh (or part of Rs 10 Lakh) of aggregate face
value of lottery tickets printed by the organising State for a draw
If the lottery or lottery scheme is one where the
guaranteed prize payout is less than 80%
Provided that in case of online lottery, the aggregate face value of lottery tickets for the purpose of this sub-rule shall be taken
as the aggregate value of tickets sold, and service tax shall be calculated in the manner specified in the said Table.
Provided further that the distributor or selling agent shall exercise such option within a period of one month of the beginning of
each financial year and such option shall not be withdrawn during the remaining part of the financial year.
Provided also that the distributor or selling agent shall exercise such option for financial year 2010-11, within a period of one
month of the publication of this sub-rule in the Official Gazette or, in the case of new service provider, within one month of
providing of service under the said sub-clause and such option shall not be withdrawn during the remaining part of that financial
year.
Explanation.- For the purpose of this sub-rule-
(i) "distributor or selling agent" shall have the meaning assigned to them in clause (c) of the rule 2 of the Lottery (Regulation)
Rules, 2010 notified by the Government of India in the Ministry of Home Affairs published in the Gazette of India, Part-II, Section
3, Sub-section (i) vide number G.S.R. 278(E) dated 1
st
April, 2010 and shall include distributor or selling agent authorised by
the lottery organising State.
(ii) "draw" shall have the meaning assigned to it in clause (d) of the rule 2 of the Lottery (Regulation) Rules, 2010 notified by the
Government of India in the Ministry of Home Affairs published in the Gazette of India, Part-II, Section 3, Sub-section (i) vide
number G.S.R. 278(E) dated 1
st
April, 2010.
(iii) "online lottery" shall have the meaning assigned to it in clause (e) of the rule 2 of the Lottery (Regulation) Rules, 2010
notified by the Government of India in the Ministry of Home Affairs published in the Gazette of India, Part-II, Section 3, Sub-
section (i) vide number G.S.R. 278(E) dated 1
st
April, 2010.
(iv) "organising state" shall have the meaning assigned to it in clause (f) of the rule 2 of the Lottery (Regulation) Rules, 2010
notified by the Government of India in the Ministry of Home Affairs published in the Gazette of India, Part-II, Section 3, Sub-
section (i) vide number G.S.R. 278(E) dated 1
st
April, 2010.

[F. No.B-1/21/2010 -TRU]
(Prashant Kumar)
Under Secretary to the Government of India
Note.- The principal rules were notified vide notification No. 2/94-Service Tax, dated the 28th June 1994 and published in
the Gazette of India, Extraordinary vide number G.S.R.546 (E), dated the 28th June 1994 and were last amended vide
notification No. 39/2010-Service Tax, dated the 28th June, 2010 which was published vide number G.S.R. 560 (E), dated
the 28th June, 2010 .