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Rule 13 – Powers to notify description of services or circumstances for certain purposes

Rule 13 – Powers to notify description of services or circumstances for certain purposes : 

In order to prevent double taxation or non-taxation of the provision of a service, or for the uniform application of rules, the Central Government shall have the power to notify any description of service or circumstances in which the place of provision shall be the place of effective use and enjoyment of a service.

Analysis of the rule

The rule is an enabling power to correct any injustice being met due to the applicability of rules in a foreign territory in a manner which is inconsistent with these rules leading to double taxation. Due to the cross border nature of many services, it is also possible in certain situations to set up businesses in a non taxable territory while the effective enjoyment, or in other words consumption, may be in taxable territory.

This rule is also meant as an anti-avoidance measure where the intent of the law is sought to be defeated through ingenious practices unknown to the ordinary ways of conducting business.

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