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4. Determination of point of taxation in case of change in effective rate of tax. - Notwithstanding anything contained in rule 3, the point of taxation in cases where there is a change in effective rate of tax in respect of a service, shall be determined in the following manner, namely:- (a) in case a taxable service has been provided before the 5[change in effective rate of tax],- (i) where the invoice for the same has been issued and the payment received after the 6[change in effective rate of tax], the point of taxation shall be date of payment or issuing of invoice, whichever is earlier; or (ii) where the invoice has also been issued prior to 7[change in effective rate of tax] but the payment is received after the 8[change in effective rate of tax], the point of taxation shall be the date of issuing of invoice; or (iii) where the payment is also received before the 9[change in effective rate of tax], but the invoice for the same has been issued after the10[change in effective rate of tax], the point of taxation shall be the date of payment; (b) in case a taxable service has been provided after the 11[change in effective rate of tax],- (i) where the payment for the invoice is also made after the 12[change in effective rate of tax] but the invoice has been issued prior to the13[change in effective rate of tax], the point of taxation shall be the date of payment; or (ii) where the invoice has been issued and the payment for the invoice received before the 14[change in effective rate of tax], the point of taxation shall be the date of receipt of payment or date of issuance of invoice, whichever is earlier; or (iii) where the invoice has also been raised after the 15[change in effective rate of tax] but the payment has been received before the16[change in effective rate of tax], the point of taxation shall be date of issuing of invoice. |