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Trade Notice
No. 28/2007 ST
Dated:
24/08/07
SUBJECT:
Clarification on technical issues relating to taxation of services under
the Finance Act 1994 – reg.
***
Board’s
Circular No.96/7/2007-ST dated 23.08.2007 issued vide the Under Secretary,
Tax Research Unit, New Delhi’s F. No. 354/28/2007-TRU on the
above-mentioned subject is communicated herewith for information and
necessary action.
All the
Trade associations are requested to bring the contents of the Trade Notice
to the attention of their members, in particular, and the trade and all
other concerned in general.
(Issued from
file: C.No. IV/16/01/2007-STC)
Encl: As above.
(
P.K.JAIN )
COMMISSIONER
To
1. As per
mailing list. (Both Trade and Department.)
2. Members of the R.A.C.
3. Copy to:
The Superintendent, Computer
Section for publishing in the Departmental Website.
Circular
No.96/7/2007-ST
New
Delhi, the 23rd August, 2007
F.No.354/28/2007-TRU
Government
of India
Ministry
of Finance
Department
of Revenue
Tax
Research Unit
Sub: Clarification on technical issues
relating to taxation of services under the Finance Act, 1994 –
Regarding.
Service Tax was introduced in the year 1994 with three taxable
services. At present, one
hundred services are specified as taxable services.
Since the introduction of service tax, number of clarifications in
the form of circulars / instructions / letters have been issued by the
Central Board of Excise & Customs (CBEC), Director General (Service
Tax) and field formations.
2.
Government decided to undertake a comprehensive review of all the
clarifications issued since the introduction of service tax on matters
relating to service tax in various forms by different authorities keeping
in view the changes that had been made in the statutory provisions, the
judicial pronouncements and other relevant factors, and appointed a
Committee under Shri T.R.Rustagi, former Chief Commissioner of Customs
& Central Excise and Director General of Inspection to undertake the
review of the clarifications.
3.
Comments, views and suggestions were also sought from the trade and
industry associations, departmental officers and interested persons.
4.
Shri T.R.Rustagi submitted his report to the Government. The report
of Shri T.R.Rustagi was placed on the CBEC web site for comments and
suggestions.
5.
Taking into consideration the report submitted by Shri T.R.Rustagi
and the views and suggestions received from the trade and industry
associations, departmental officers and other stakeholders, it is proposed
to codify and issue a comprehensive circular on the technical issues.
6.
This circular supersedes all circulars, clarifications and
communications, other than Orders issued under section 37B of the Central
Excise Act, 1944 (as made applicable to service tax by section 83 of the
Finance Act, 1994), issued from time to time by the CBEC, DG (Service Tax)
and various field formations on all technical issues including the scope
and classification of taxable services, valuation of taxable services,
export of services, services received from outside India, scope of
exemptions and all other matters on levy of service tax. With
the issue of this circular, all earlier clarifications issued on technical
issues relating to service tax stand withdrawn.
7.
At the time of introduction of the Finance Bills and after
enactment of respective Finance Acts, letters are issued by TRU explaining
the provisions contained in the Finance Bills / Finance Acts. Such letters
explaining the provisions contained in the Finance Bill / Finance Act
would be read in the relevant context.
8.
Views stated in the circular reflect the interpretation of the law
and the current practice of the department. This circular is not to be
treated as part of law and does not override the legal provisions. The
relevant statutory provisions must be referred to and they will prevail.
9.
CODING SYSTEM:
For ease of reference, a coding system is followed. Views of
CBEC are indicated separately for each individual issue. Individual
reference code is given for each issue. Unique three-digit reference code
followed by the date of issue is given for each issue-wise classification.
Individual taxable service is identified by a three-digit code. First
three digits of the reference code relates to a specific taxable service.
In addition to three digit codes for individual taxable services,
three-digit codes are also provided for issues other than individual
taxable services:
996 – Services provided from outside India and received in India.
997 – Export of
Services
998 – Valuation
of taxable services.
999 –
Miscellaneous purposes.
Three-digit code is followed by a dot and two digits. Two
digits after the dot indicate the issue clarified under that particular
three-digit code. Digit codes are followed by a slash and thereafter the
date of issue of the clarification is indicated.
10.
List of three-digit codes and the corresponding subjects is given
in Annexure.
11.
Trade and field formations may be informed accordingly.
12.
Hindi version will follow.
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Reference Code
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Issue
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Clarification
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(1)
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(2)
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(3)
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002.01 / 23.08.07
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Whether service tax is liable on the amount collected as
surcharge for delayed payment of telephone bills?
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An amount collected for delayed payment of a telephone bill
is not to be treated as consideration charged for provision of
telecom service and, therefore, does not form part of the value of
taxable service under section 67 read with Service Tax
(Determination of Value) Rules, 2006.
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004.01 / 23.08.07
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Persons / agencies canvass advertisements for publishing,
on commission basis. Such persons / agencies do not provide any
other services like making, preparation, display or exhibition of
advertisement.
Whether merely canvassing advertisement for publishing on a
commission basis by persons / agencies is classifiable as
Advertising Agency service [section 65(105)(e)] or not?
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Merely canvassing advertisements for publishing, on
commission basis, is not classifiable under the taxable service
falling under section 65(105)(e).
Such services are liable to service tax under business
auxiliary service [section 65(105)(zzb)].
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005.01 / 23.08.07
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Some transporters undertake door- to-door transportation of
goods or articles and they have made special arrangements for speedy
transportation and timely delivery of such goods or articles. Such
services are known as ‘Express Cargo Service’ with assurance of
timely delivery.
Whether such ‘Express cargo service’ is covered under
courier agency service [section 65(105)(f)]?
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The nature of service provided by ‘Express Cargo
Service’ provider falls within the scope and definition of the
courier agency. Hence, the said service is liable to service tax
under courier agency service [section 65(105)(f)].
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005.02 / 23.08.07
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“Angadia” undertakes delivery of documents, goods or
articles received from a customer to another person for a
consideration.
Whether services provided by angadia is liable to service
tax under courier agency service [section 65(105)(f)]?
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Angadias are covered within the definition of ‘courier
agency’ [section 65(33)]. Therefore, such services provided by
angadia is liable to service tax under courier agency service
[section 65(105)(f)].
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006.01 / 23.08.07
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Whether a self-employed professionally qualified engineer
can be considered as ‘consulting engineer’ [section 65(31)] and
service provided by such self-employed professionally qualified
engineer to a client in relation to one or more discipline of
engineering is liable to service tax under consulting engineer
service [section 65(105)(g)]?
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Consulting engineers include self-employed professionally
qualified engineer, whether or not employing others for assistance.
Services provided by such self-employed professionally
qualified engineer to a client in relation to one or more discipline
of engineering is liable to service tax under consulting engineer
service [section 65(105)(g)].
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010.01 / 23.08.07
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Educational institutes such as
IITs, IIMs charge a fee from prospective employers like corporate
houses / MNCs, who come to the institutes for recruiting candidates
through campus interviews. Whether services provided by such
institutions in relation to recruitment of manpower are liable to
service tax under ‘manpower recruitment or supply agency’
service [section 65(105)(k)]?
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‘Manpower recruitment or supply agency’ is
defined as “any person engaged in providing any service,
directly or indirectly, in any manner for recruitment or supply of
manpower, temporarily or otherwise, to a client” [section65(68)].
Educational institutes such as IITs and IIMs
fall within the definition of ‘manpower recruitment or supply
agency’, and service tax is liable on services provided by such
institutions in relation to campus recruitment under section
65(105)(k).
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010.02 / 23.08.07
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Business or industrial organisations engage services of
manpower recruitment or supply agencies for temporary supply of
manpower which is engaged for a specified period or for completion
of particular projects or tasks.
Whether service tax is liable on such services under
manpower recruitment or supply agency’s service [section
65(105)(k)]
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In the case of supply of manpower, individuals are
contractually employed by the manpower recruitment or supply agency.
The agency agrees for use of the services of an individual, employed
by him, to another person for a consideration. Employer-employee
relationship in such case exists between the agency and the
individual and not between the individual and the person who uses
the services of the individual.
Such cases are covered within the scope of the definition
of the taxable service [section 65(105)(k)] and, since they act as
supply agency, they fall within the definition of “manpower
recruitment or supply agency” [section 65(68)] and are liable to
service tax.
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012.01 / 23.08.07
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“Mandap” is defined as any immovable property as
defined in section 3 of the Transfer of Property Act, 1882 and
includes any furniture, fixtures, light fittings and floor coverings
therein let out for a consideration for organizing any official,
social or business function. [section 65(66)]
“Mandap keeper” is defined as a person who allows
temporary occupation of a mandap for a consideration for organising
any official, social or business function [section 65(67)].
Whether hotels / restaurants letting out their halls, rooms
etc. for social, official or business functions fall within the
definition of “mandap” and allowing temporary occupation of
halls, rooms etc by such hotels / restaurants for organizing any
official, social or business function is liable to service tax under
“mandap keeper service” [section 65(105)(m)]?
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Halls, rooms etc. let out by hotels / restaurants for a
consideration for organising social, official or business functions
are covered within the scope of “mandap” [section 65(66)], and
such hotels and restaurants are covered within the scope of
“mandap keeper” [section 65(67)].
Accordingly, service tax is leviable on services provided
by hotels and restaurants in relation to letting out of halls,
rooms, etc. for organizing any official, social or business function
under mandap keeper service [section 65(105)(m)].
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012.02 / 23.08.07
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Whether allowing temporary occupation of a hall for the
purpose of holding dance, drama or music programme or competitions
is liable to service tax under Mandap Keeper Service?
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Dance, drama or music programme or competitions are social
functions and allowing temporary occupation of a hall for a
consideration for organizing such functions are liable to service
tax under Mandap Keeper Service [section 65(105)(m)].
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032.01
/ 23.08.07
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Whether
Prasar Bharati Corporation (Doordarshan and All India Radio) are
liable to pay service tax under Broadcasting Service [section
65(105) (zk)]?
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Prior to 1.3.2003, Prasar Bharati Corporation did not pay
service tax by virtue of erstwhile section 22 of the Prasar Bharati
(Broadcasting Corporation of India) Act, 1990. However, the said
section 22 was omitted vide section 163 of the Finance Act, 2002
with effect from 1.4.2003.
In view of the above statutory changes, with effect from
1.4.2003 Prasar Bharati Corporation is liable to pay service tax for
the broadcasting services provided like any other broadcasting
agency or organization engaged in providing service in relation to
broadcasting.
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034.01 / 23.08.07
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Moneychangers are persons authorized under section 7 of
Foreign Exchange Management Act, 1973 to deal in foreign currency.
Explanation given under Section 7 of the said Act states that
‘dealing’ means purchasing foreign currency in the form of
notes, coins or traveller’s cheques or selling foreign currency in
the form of notes, coins or traveller’s cheques.
Whether services provided by a money changer in relation to
dealing of foreign currency (buying or selling), at specified rates,
without separately charging any amount as commission for such
dealing, is liable to service tax as foreign exchange broking under
‘banking and other financial services’ [section 65(105) (zm)]?
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Moneychangers are authorized by RBI to buy and sell foreign
exchange at the prevalent market rates. Buying or selling of foreign
exchange by such persons without separately charging any amount as
commission or brokerage does not fall within the scope of foreign
exchange broking and is not liable to service tax under section
65(105)(zm).
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034.02 / 23.08.07
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‘Asset management and all other forms of fund
management’ are liable to service tax under ‘banking and other
financial service’ [section 65(12)].
Whether the amount charged as ‘entry and exit load’
from the investor by a mutual fund is liable to service tax as asset
/ fund management services under banking and other financial
services [section 65(105)(zm)]?
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Entry load and exit load charged by a mutual fund are not
for the purpose of management of assets. Thus, amount charged as
“entry and exit load” are not to be treated as consideration
received by an Asset Management Company for asset management and
hence not liable to service tax under Banking and other Financial
service [section 65(105)(zm)].
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034.03 / 23.08.07
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Whether depository services and Electronic Access to
Securities Information (EASI) services provided by Central
Depository Services (India) Ltd., (CDSL) is liable to service tax
under Banking and other Financial Services[section 65(105)(zm)]?
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Definition of “Banking and other Financial Services”
specifically includes “provision and transfer of information and
data processing [section 65(12)(a)(vii)]”.
Services provided by CDSL falls within the scope of
“provision and transfer of information and data processing”. These services are not in the nature of “on-line
information and data base access or retrieval services”.
Therefore, the depository services provided by CDSL including
Electronic Access to Securities Information (EASI) for a fee are
liable to service tax under Banking and other Financial Services.
[section 65(105)(zm)]
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034.04 /
23.08.07
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Services provided by banking company or a financial
institution including a non-banking financial company or any other
body corporate or commercial concern in relation to asset management
including portfolio management, and all forms of fund management, is
leviable to service tax under “banking and other financial
services” [section 65(105)(zm) and section 65(12)]. The said
taxable service also includes cash management services provided.
Services are provided in relation to chit funds. Chit Funds
are of two types, namely:-
(a)
Simple Chit Funds: In this case, members agree to
contribute to the fund a certain amount at regular interval. Lots
are drawn periodically and the member, whose name appears, gets the
periodical collection. No separate amount is charged from the
members.
(b)
Business Chit Funds: In this case, there is a promoter
known as foreman who draws up the terms and conditions of the scheme
and enrolls subscribers. Every subscriber has to pay his
subscription in regular installments. The foreman charges a separate
amount for the services provided. Some States prescribe a ceiling
limit for the amount to be charged by such promoter for the services
provided. Commission amount is retained by the promoter as
consideration for providing the services in relation to chit fund.
Whether services provided in relation to chit fund is
leviable to service tax under “banking and other financial
services” or not?
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Reserve Bank of India has clarified that the business of a
chit fund is to mobilize cash from the subscribers and effectively
cause movement of such cash to keep it working and, therefore, the
activity of chit funds is in the nature of cash management.
(a) In the case of Simple Chit Funds, no consideration is
paid or received for the services provided and, therefore, the
question of levy of service tax does not arise.
(b) In the case of Business Chit Funds, cash management
service is provided for a consideration and, therefore, leviable to
service tax under
“banking and other financial services”.
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035.02 / 23.08.07
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Management Committee of Paradeep Port was constituted as
per the directions of Supreme Court of India. The Committee operates under the “Paradeep Port,
Clearing, Forwarding and Handling Workers (Regulation of Employment)
Scheme, 1994”. Officers
of the Paradeep Port Trust are associated with the Committee.
The Committee is authorized by the Port Trust to provide a
number of services within the port area for a consideration.
Whether services provided by the Management Committee
within the port area for a consideration is liable to service tax
under Port Service?
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As the Management Committee of Paradeep Port is authorized
by the Port Trust to provide services within the port area at the
prescribed rates, such services provided by the Committee are liable
to service tax under Port Service. [section 65(105) (zn)]
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036.01 / 23.08.07
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Authorized dealers of motor vehicles provide to customers
free servicing of motor vehicles without charging any amount as
service charge from the customers. The vehicle manufacturer promises
such a facility to attract customers and reimburses the service
charges to the authorised dealers, who provide to customers free
servicing of motor vehicles. However, as per agreement,
consideration for the service provider is not directly paid by the
customer but by the vehicle manufacturer.
Whether such ‘free services’ given to the customer free
of cost by the authorized dealers (for which they are reimbursed by
the vehicle manufacturers) are liable to service tax under
authorised service station service [section 65(105) (zo)]?
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In this case, service is provided by an authorised service
station to a customer and the service provider receives the
consideration for the services provided from the manufacturer.
Service tax is liable on the amount received from the
vehicle manufacturer for the purpose of servicing of vehicles.
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036.02 / 23.08.07
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Whether servicing / repair of heavy vehicles like trucks by
authorized service station is liable to service tax under section
65(105)(zo)?
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Service tax is liable on services provided by an authorised
service station to a customer in relation to service, repair,
reconditioning or restoration of motorcars, light motor vehicles or
two-wheeled motor vehicles [section 65(105)(zo)].
Thus, servicing of heavy vehicles like trucks, not being
one of the specified categories of motor vehicles, is at present not
covered within the scope of the said taxable service.
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036.03 / 23.08.07
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Whether spare parts sold by a service station during the
servicing of vehicles is liable to payment of service tax?
Whether exemption can be claimed on the cost of consumables
that get consumed during the course of providing service?
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Service tax is not leviable on a transaction treated as
sale of goods and subjected to levy of sales tax / VAT. Whether a
given transaction between the service station and the customer is a
sale or not, is to be determined taking into account the real nature
and material facts of the transaction. Payment of VAT / sales tax on
a transaction indicates that the said transaction is treated as sale
of goods.
Any goods used in the course of providing service are to be
treated as inputs used for providing the service and accordingly,
cost of such inputs form integral part of the value of the taxable
service.
Where spare parts are used by a service station for
servicing of vehicles, service tax should be levied on the entire
bill, including the value of the spare parts, raised by the service
provider, namely, service stations. However, the service provider is
entitled to take input credit of excise duty paid on such parts or
any goods used in providing the service wherein value of such goods
has been included in the bill. The service provider is also entitled
to take input credit of service tax paid on any taxable services
used as input services for servicing of vehicles.
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041.01 / 23.08.07
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Organizers of Trade Fairs and Exhibitions solicit
participation from the trade and industry and provide space and
other facilities, including furniture, cabins, security,
electricity, etc., to display products and provision of services.
Whether services provided by the organizers of trade fairs
/ exhibitions are covered within the scope of event management
service [section 65(015)(zu)]?
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Trade fairs and exhibitions are organised by persons. Such
organisers of trade fairs and exhibitions provide services to
exhibitors in relation to business exhibition. Services provided by
an organizer of trade fairs and exhibitions to an exhibitor in
relation to business exhibition is liable to service tax under
“Business Exhibition Service” [Section 65(105)(zzo)] w.e.f.
10.09.2004.
In addition, an organiser of the trade fair or business
exhibition may engage an event manager to provide service to the
organiser in relation to organising trade fairs and exhibitions. In such cases, the event manager renders the service of
“Event Management” to the organisers and is liable to pay
service tax under “Event Management Service”.
The two services, namely “Business Exhibition Service”
and “Event Management Service”, and the two service providers of
the respective services are distinct.
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047.01 / 23.08.07
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Whether services provided in relation to handling / storage
and warehousing of empty containers is liable to service tax under
storage and warehousing service [section 65(105)(zza)]?
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Empty containers are covered within the meaning of
“goods” [section 65(50)]. Thus, services provided in relation to
storage and warehousing of empty containers is liable to service tax
under storage and warehousing service [section 65(105)(zza)].
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048.01 / 23.08.07
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Whether commission received by distributors for
distribution of mutual fund units is liable to Service Tax under
business auxiliary service?
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Distributors receive commission from mutual fund for
providing services relating to purchase and sale of Mutual fund
units. Services provided by such distributors are in the nature of
commission agent and are, thus, liable to service tax under business
auxiliary service [section 65(105)(zzb)].
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053.01 /
23.08.07
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Services provided by any person to a customer in relation
to management, maintenance or repair is liable to service tax
[section 65(105)(zzg)]. “Management, maintenance or repair”
includes maintenance or repair of any goods, excluding motor vehicle
[section 65(64)].
Whether maintenance or repair of software is liable to
service tax?
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Explanation to section 65(64) provides that “goods”
includes computer software.
Since, maintenance or repair of any goods is liable to
service tax, services provided in relation to maintenance or repair
or servicing of computer software is liable to service tax under
“management, maintenance or repair” service [section 65(105)(zzg)].
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076.01 / 23.08.07
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“Club or association” is defined as any person or body
of persons providing services, facilities or advantages, for a
subscription or any other amount, to its members, but does not
include such person or body of persons engaged in any activity
having objectives which are of a charitable nature.
Whether a club or association enjoying exemption under the
provisions of Income Tax Act as a public charitable institution gets
automatically excluded from levy of service tax under section
65(105)(zzze) read with section 65(25a) of the Finance Act, 1994?
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Exemption under the Income Tax Act on the ground of being a
public charitable institution is of no consequence or relevance for
service tax purposes.
Levy of service tax is entirely governed by the provisions
contained in the Finance Act, 1994 and the rules made thereunder.
“Charity” is defined as “aid given to the poor, the
suffering or the general community for religious, educational,
economic, public safety, or medical purposes”, and
“charitable” is defined as “dedicated to a general public
purpose, usually for the benefit of needy people who cannot pay for
the benefits received” [Black’s Law Dictionary].
Whether a club or association is engaged in activity having
objectives which are of a charitable nature or not is to be
determined purely on the basis of the facts and circumstances of the
case.
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076.02 /
23.08.07
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Services provided by a resident welfare association to its
members under club or association service [section 65(105) (zzze)]
is exempted from service tax vide notification No.8/2007-Service
Tax, dated 01.03.07, subject to the condition that the total
consideration received from an individual member by the said
association for providing the said services does not exceed three
thousand rupees per month.
Whether a resident welfare association registered as a
co-operative society with the Registrar of Co-operative Societies
is entitled for the benefit of service tax exemption under
notification No.8/2007-Service Tax, dated 01.03.2007 or not?
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A resident welfare association, even if it is registered as
a co-operative society with the Registrar of Co-operative Societies,
is eligible to avail of exemption from levy of service tax vide
notification No.8/2007-Service Tax, dated 01.03.2007 provided the
following conditions are satisfied, namely:-
(i)
The exemption is available for the services specified under
section 65(105)(zzze) of the Finance Act, 1994 and provided or to be
provided by the association to its members.
(ii)
The sole criterion for membership of the resident welfare
association is the residential status of a person in a residential
complex or locality i.e., membership of the association is
restricted to the residents of the complex or locality.
(iii)
The value of total consideration received from an individual
member by the association for providing the services does not exceed
Rs.3,000/- per month.
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079.01 /
23.08.07
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Whether service tax is liable under construction of complex
service [section 65(105)(zzzh)] on builder, promoter, developer or
any such person,-
(a) who gets the complex built by engaging the services of
a separate contractor, and
(b) who builds the residential complex on his own by
employing direct labour?
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(a) In a case where the builder, promoter, developer or any
such person builds a residential complex, having more than 12
residential units, by engaging a contractor for construction of the
said residential complex, the contractor in his capacity as a
taxable service provider (to the builder / promoter / developer /
any such person) shall be liable to pay service tax on the gross
amount charged for the construction services under ‘construction
of complex’ service [section 65(105)(zzzh)].
(b) If no other person is engaged for construction work and
the builder / promoter / developer / any such person undertakes
construction work on his own without engaging the services of any
other person, then in such cases,-
(i) service provider and service recipient relationship
does not exist,
(ii) services provided are in the nature of self-supply of
services.
Hence, in the absence of service provider and service
recipient relationship and the services provided are in the nature
of self-supply of services, the question of providing taxable
service to any person by any other person does not arise.
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086.01 / 23.08.07
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An international journey commencing from an Indian airport
involves stopover / transfer at intermediate airports outside India
before reaching the destination (say Mumbai-Dubai-London-New York).
Whether service tax would be liable in such case on the
value indicated in the ticket for the entire journey or only on that
part of the value attributable to the first sector (Mumbai-Dubai) of
the journey?
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Aim of the passenger is to travel from Mumbai to New York.
Actual destination of the international journey is the criterion to
decide the value of the service (in this case, New York). Stopover /
transfer at intermediate airports, being merely incidental and part
of the main journey, is of no relevance or consequence for levy of
service tax under section 65(105)(zzzo) read with section 66.
Service tax in such cases is leviable on the total
consideration of a single composite service relating to the entire
journey. i.e., value indicated on the ticket for the entire journey.
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086.02 / 23.08.07
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An international journey (say Delhi-Mumbai-London) includes
travel in a domestic sector (Delhi – Mumbai) as part of the
international journey.
Whether service tax is liable on the value of whole journey
or after excluding the value attributable to the domestic sector
from the total value of the ticket?
|
In this case, the journey is a single composite journey.
The aim of the passenger is to travel from India to a place outside
India. Part of the travel in the domestic sector cannot be
segregated from the single journey. Service tax is, therefore,
leviable on the total value of the ticket treating the domestic
sector as integral part of the international journey without
excluding the value attributable, if any, to travel in the domestic
sector.
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086.03 / 23.08.07
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An international journey commences from an airport outside
India and completed at an airport outside India but including a
sector wherein the passenger disembarks and subsequently embarks at
an Indian airport as part of international journey (say Sydney-Mumbai-Dubai-Singapore-Sydney).
Whether service tax is liable for Mumbai-Dubai sector only
or on the total value of the ticket?
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In this case, the journey being a single one and the aim of
the passenger is not to travel from India to a place outside India,
service tax is not leviable under section 65(105)(zzzo).
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086.04 / 23.08.07
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Whether ticket issued outside India for an international
journey commencing from India (say Delhi–London) is liable to
service tax?
|
Service tax is payable by the service provider, namely
aircraft operator, for the taxable service provided. Place of
purchase/ issue of ticket is of no relevance or consequence to
determine the levy of service tax under section 65(105)(zzzo) read
with section 66. Service tax is leviable as long as the passenger
embarks in India for an international journey, in any class other
than economy class.
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086.05 / 23.08.07
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Whether service tax is liable on the total value of the
ticket or only half the value of the ticket in the case of round
trip / return ticket (say Delhi-London-Delhi)?
|
Service tax is leviable on the total value of the ticket.
|
|
097.01 / 23.08.07
|
Whether CENVAT credit of duty paid on capital goods and
service tax paid on input services can be taken by a service
provider who opts to pay an amount equivalent to two per cent. of
the gross amount charged for the works contract instead of paying
service tax at the rate specified in section 66, under the Works
Contract (Composition Scheme for Payment of Service Tax) Rules,
2007, notified vide notification No.32/2007-Service Tax dated
22.05.07?
|
Rule 3(2) of the Works Contract (Composition Scheme for
Payment of Service Tax) Rules, 2007 provides that the provider of
taxable service opting to pay service tax under the composition
scheme is not entitled to take CENVAT credit of duty on inputs, used
in or in relation to the said works contract, under the provisions
of the CENVAT Credit Rules, 2004.
There is no restriction under notification
No.32/2007-Service Tax dated 22.05.07 to take CENVAT credit of duty
paid on capital goods and service tax paid on input services.
|
|
999.01 / 23.08.07
|
Sovereign/public authorities perform functions assigned to
them under the law in force, known as “statutory functions”. For
example,
·
Regional Reference Standards Laboratories (RRSL) undertake
verification, approval and calibration of weighing and measuring
instruments;
·
Regional Transport Officers (RTO) issue fitness certificate to motor
vehicles;
·
Directorate of Boilers inspects and issues certificates for boilers;
or
·
Explosive Department inspects and issues certificate for petroleum
storage tank, LPG/CNG tank in terms of provisions of the relevant
laws.
Authorities providing such functions, required to be
performed as per law, may collect specific amount or fee and the
amount so collected is deposited into government account.
Whether such activities of a sovereign / public authority,
performed under a statute, can be considered as ‘provision of
service’ for the purpose of levy of service tax and the amount or
fee collected, if any, for such purposes can be treated as
consideration for the services provided?
|
Activities assigned to and performed by the sovereign /
public authorities under the provisions of any law are statutory
duties. The fee or amount collected as per the provisions of the
relevant statute for performing such functions is in the nature of a
compulsory levy and are deposited into the Government account.
Such activities are purely in public interest and are
undertaken as mandatory and statutory functions. These are not to be
treated as services provided for a consideration. Therefore, such
activities assigned to and performed by a sovereign / public
authority under the provisions of any law, do not constitute taxable
services. Any amount / fee collected in such cases are not to be
treated as consideration for the purpose of levy of service tax.
However, if a sovereign / public authority provides a
service, which is not in the nature of statutory activity and the
same is undertaken for a consideration (not a statutory fee), then
in such cases, service tax would be leviable as long as the activity
undertaken falls within the scope of a taxable service as defined.
|
|
999.02 / 23.08.07
|
Department of Posts provides a number of services.
What is the status of those services for the purpose of levy
of service tax?
|
(i) Following services provided by Department of Posts are
not liable to service tax.
·
Basic mail services known as postal services such as post card,
inland letter, book post, registered post provided exclusively by
the Department of Posts to meet the universal postal obligations.
·
Transfer of money through money orders, operation of savings
accounts, issue of postal orders, pension payments and other such
services.
(ii) In addition to the services mentioned in (i) above,
Department of Posts also provides a number of services such as
courier services (Speed Post), insurance services (Postal Life
Insurance), agency or intermediary services on commission basis
(distribution of mutual funds, bonds, passport applications,
collection of telephone and electricity bills), which are also
provided by other commercial organizations. Such services are liable
to service tax under appropriate taxable services.
|
|
999.03 /
23.08.07
|
A taxable service provider outsources a part of the work by
engaging another service provider, generally known as
sub-contractor. Service tax is paid by the service provider for the
total work. In such cases, whether service tax is liable to be paid
by the service provider known as sub-contractor who undertakes only
part of the whole work.
|
A sub-contractor is essentially a taxable service provider.
The fact that services provided by such sub-contractors are used by
the main service provider for completion of his work does not in any
way alter the fact of provision of taxable service by the
sub-contractor.
Services provided by sub-contractors are in the nature of
input services. Service tax is, therefore, leviable on any taxable
services provided, whether or not the services are provided by a
person in his capacity as a sub-contractor and whether or not such
services are used as input services. The fact that a given taxable
service is intended for use as an input service by another service
provider does not alter the taxability of the service provided.
|
ANNEXURE
|
Three digit Code
|
Taxable Service /
Others
|
|
001
|
Stock broker [Section (105)(a)]
|
|
002
|
Telecommunication Service [Section (105)(zzzx)]
|
|
003
|
General insurance [Section (105)(d)]
|
|
004
|
Advertising agency [Section (105)(e)]
|
|
005
|
Courier agency [Section (105)(f)]
|
|
006
|
Consulting engineer [Section (105)(g)]
|
|
007
|
Custom house agent [Section (105)(h)]
|
|
008
|
Steamer agent [Section (105)(i)]
|
|
009
|
Clearing and forwarding agent [Section (105)(j)]
|
|
010
|
Manpower recruitment agent [Section (105)(k)]
|
|
011
|
Air travel agent [Section (105)(l)]
|
|
012
|
Mandap keeper [Section (105)(m)]
|
|
013
|
Tour operator [Section (105)(n)]
|
|
014
|
Rent-a-cab scheme operator [Section (105)(o)]
|
|
015
|
Architect [Section (105)(p)]
|
|
016
|
Interior decorator [Section (105)(q)]
|
|
017
|
Management or Business consultant [Section (105)(r)]
|
|
018
|
Chartered accountant [Section (105)(s)]
|
|
019
|
Cost accountant [Section (105)(t)]
|
|
020
|
Company secretary [Section (105)(u)]
|
|
021
|
Real estate agent [Section (105)(v)]
|
|
022
|
Security agency [Section (105)(w)]
|
|
023
|
Credit rating agency [Section (105)(x)]
|
|
024
|
Market research agency [Section (105)(y)]
|
|
025
|
Underwriter [Section (105)(z)]
|
|
026
|
Scientific or technical consultancy [Section (105)(za)]
|
|
027
|
Photography [Section (105)(zb)]
|
|
028
|
Convention [Section (105)(zc)]
|
|
029
|
On-line information and database access or retrieval
[Section (105)(zh)]
|
|
030
|
Video tape production [Section (105)(zi)]
|
|
031
|
Sound recording [Section (105)(zj)]
|
|
032
|
Broadcasting agency or organization [Section (105)(zk)]
|
|
033
|
Insurance auxiliary services concerning general insurance
business [Section (105)(zl)]
|
|
034
|
Banking and other financial services [Section (105)(zm)]
|
|
035
|
Port [Section (105)(zn)]
|
|
036
|
Authorized service station [Section (105)(zo)]
|
|
037
|
Beauty treatment [Section (105)(zq)]
|
|
038
|
Cargo handling [Section (105)(zr)]
|
|
039
|
Cable operator [Section (105)(zs)]
|
|
040
|
Dry cleaning [Section (105)(zt)]
|
|
041
|
Event management [Section (105)(zu)]
|
|
042
|
Fashion designing [Section (105)(zv)]
|
|
043
|
Health club and fitness [Section (105)(zw)]
|
|
044
|
Life insurance in relation to risk cover [Section (105)(zx)]
|
|
045
|
Insurance auxiliary services concerning life insurance
business [Section (105)(zy)]
|
|
046
|
Rail travel agent [Section (105)(zz)]
|
|
047
|
Storage and warehousing [Section (105)(zza)]
|
|
048
|
Business auxiliary service [Section (105)(zzb)]
|
|
049
|
Commercial coaching or training [Section (105)(zzc)]
|
|
050
|
Erection, commissioning or installation [Section (105)(zzd)]
|
|
051
|
Franchise [Section (105)(zze)]
|
|
052
|
Internet café [Section (105)(zzf)]
|
|
053
|
Management, maintenance or repair [Section (105)(zzg)]
|
|
054
|
Technical testing and analysis [Section (105)(zzh)]
|
|
055
|
Technical inspection and certification [Section (105)(zzi)]
|
|
056
|
Foreign exchange broker [Section (105)(zzk)]
|
|
057
|
Other port [Section (105)(zzl)]
|
|
058
|
Airport [Section (105)(zzm)]
|
|
059
|
Transport of goods by aircraft [Section (105)(zzn)]
|
|
060
|
Business exhibition [Section (105)(zzo)]
|
|
061
|
Transport of goods by road [Section (105)(zzp)]
|
|
062
|
Commercial or industrial construction [Section (105)(zzq)]
|
|
063
|
Intellectual property [Section (105)(zzr)]
|
|
064
|
Opinion poll [Section (105)(zzs)]
|
|
065
|
Outdoor caterer [Section (105)(zzt)]
|
|
066
|
Programme producer [Section (105)(zzu)]
|
|
067
|
Survey and exploration of mineral [Section (105)(zzv)]
|
|
068
|
Pandal or shamiana [Section (105)(zzw)]
|
|
069
|
Travel agent [Section (105)(zzx)]
|
|
070
|
Forward contract [Section (105)(zzy)]
|
|
071
|
Transport of goods other than water through pipeline or
other conduit [Section (105)(zzz)]
|
|
072
|
Site formation and clearance, excavation and earthmoving
and demolition and such other activities [Section (105)(zzza)]
|
|
073
|
Dredging [Section (105)(zzzb)]
|
|
074
|
Survey and map-making [Section (105)(zzzc)]
|
|
075
|
Cleaning activity [Section (105)(zzzd)]
|
|
076
|
Club or association [Section (105)(zzze)]
|
|
077
|
Packaging activity [Section (105)(zzzf)]
|
|
078
|
Mailing list compilation and mailing [Section (105)(zzzg)]
|
|
079
|
Construction of complex [Section (105)(zzzh)]
|
|
080
|
Registrar to an issue [Section (105)(zzzi)]
|
|
081
|
Share transfer agent [Section (105)(zzzj)]
|
|
082
|
Automated teller machine operations, maintenance or
management [Section (105)(zzzk)]
|
|
083
|
Recovery agent [Section (105)(zzzl)]
|
|
084
|
Sale of space or time for advertisement [Section (105)(zzzm)]
|
|
085
|
Sponsorship [Section (105)(zzzn)]
|
|
086
|
Transport of passenger embarking in India for international
journey by air [Section (105)(zzzo)]
|
|
087
|
Transport of goods in containers by rail [Section (105)(zzzp)]
|
|
088
|
Support services of business or commerce [Section (105)(zzzq)]
|
|
089
|
Auctioneers [Section (105)(zzzr)]
|
|
090
|
Public relations [Section (105)(zzzs)]
|
|
091
|
Ship management [Section (105)(zzzt)]
|
|
092
|
Internet telephony [Section (105)(zzzu)]
|
|
093
|
Transport by cruise ship [Section (105)(zzzv)]
|
|
094
|
Credit card, debit card, charge card or other payment card
[Section (105)(zzzw)]
|
|
095
|
Mining [Section (105)(zzzy)]
|
|
096
|
Renting of immovable property [Section (105)(zzzz
)]
|
|
097
|
Services involved in the execution of works contract
[Section (105)(zzzza)]
|
|
098
|
Development and supply of content [Section (105)(zzzzb)]
|
|
099
|
Asset management service by individuals [Section (105)(zzzzc)]
|
|
100
|
Design services [Section (105)(zzzzd)]
|
|
996
|
Services provided from outside India and received in India
|
|
997
|
Export of Services
|
|
998
|
Valuation of taxable services
|
|
999
|
Miscellaneous
|
(G.G.
Pai)
Under
Secretary (Tax Research Unit)
|