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DEFINITIONS (SECTION 65)
In this chapter, unless the context otherwise requires,
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“actuary” has the meaning
assigned to it in clause (1) of section 2 of the Insurance
Act, 1938 (4 of 1938);
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“advertisement” includes
any notice, circular, label, wrapper, document, hoarding
or any other audio or visual representation made by
means of light, sound, smoke or gas;
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“advertising agency”
means any commercial concern engaged in providing any
service connected with the making, preparation, display
or exhibition of advertisement and includes advertising
consultant;
| 3a)
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“aircraft”
has the meaning assigned to it in clause (1)
of section 2 of the Aircrafts Act, 1934 (22
of 1934); |
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| (3b) |
“aircraft operator”
means any commercial concern which provides
the service of transport of goods by aircraft; |
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| (3c) |
“airport” has
the meaning assigned to it in clause (b) of
section 2 of the Airports Authority of India
Act, 1994 (55 of 1994); |
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| (3d) |
“airports authority”
means the Airports Authority of India constituted
under Section 3 of the Airports Authority of
India Act, 1994 (55 of 1994) and also includes
any person having the charge of management of
an airport or a civil enclave;] |
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“air travel agent” means
any person engaged in providing any service connected
with the booking of passage for travel by air;
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“Appellate Tribunal”
means the Customs, Excise and Service Tax Appellate
Tribunal constituted under section 129 of the Customs
Act, 1962 (52 of 1962);
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“architect” means any
person whose name is, for the time being, entered in
the register of architects maintained under Section
23 of the Architects Act, 1972 (20 of 1972), and also
includes any commercial concern engaged in any manner,
whether directly or indirectly, in rendering services
in the field of architecture;
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“assessee” means a person
liable to pay the service tax and includes his agents;
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“authorized dealer of foreign
exchange” has the meaning assigned to “authorized
person” in clause (c ) of section 2 of the Foreign
Exchange Management Act, 1999 (42 of 1999);
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“authorized service station”
means any service station, or centre, authorized by
any motor vehicle manufacturer, to carry out any service
or repair of any motor car, light motor vehicle or two-wheeled
motor vehicle manufactured by such manufacturer;
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“banking” has the meaning
assigned to it in clause (b) of section 5 of the Banking
Regulation Act, 1949 (10 of 1949);
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“banking company” has
the meaning assigned to it in clause (a) of section
45A of the Reserve Bank of India Act, 1934 (2 of 1934);
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“banking and other financial
services” means -
| (a) |
the following
services provided by a banking company or a
financial institution including a non- banking
financial company or any other body corporate
or commercial concern, namely :- |
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- financial leasing services including equipment
leasing and hire purchase;
- credit card services;
- merchant banking services;
- securities and foreign exchange (forex)
broking;
- asset management including portfolio
management, all forms of fund management,
pension fund management, custodial, depository
and trust services, but does not include
cash management;
- advisory and other auxiliary financial
services including investment and portfolio
research and advice, advice on mergers and
acquisitions and advice on corporate restructuring
and strategy;
- provision and transfer of information
and data processing; and
- other financial services, namely, lending;
issue of pay order, demand draft, cheque,
letter of credit and bill of exchange; providing
bank guarantee, overdraft facility, bill
discounting facility, safe deposit locker,
safe vaults; operation of bank accounts;
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| (b) |
foreign exchange broking
provided by a foreign exchange broker other
than those covered under sub-clause (a);] |
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“Board” means the Central
Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963);
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“body corporate” has
the meaning assigned to it in clause (7) of section
2 of the Companies Act, 1956 (1 of 1956);
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“broadcasting” has the
meaning assigned to it in clause (c ) of section 2 of
the Prasar Bharti (Broadcasting Corporation of India)
Act, 1990 (25 of 1990) and also includes programme selection,
scheduling or presentation of sound or visual matter
on a radio or a television channel that is intended
for public listening or viewing, as the case may be;
and in the case of a broadcasting agency or organisation,
having its head office situated in any place outside
India, includes the activity of selling of time slots
or obtaining sponsorships for broadcasting of any programme
or collecting the broadcasting charges on behalf of
the said agency or organisation, by its branch office
or subsidiary or representative in India or any agent
appointed in India or by any person who acts on its
behalf in any manner;
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“broadcasting agency or organisation”
means any agency or organisation engaged in providing
service in relation to broadcasting in any manner and,
in the case of a broadcasting agency or organisation,
having its head office situated in any place outside
India, includes its branch office or subsidiary or representative
in India or any agent appointed in India or by any person
who acts on its behalf in any manner, engaged in the
activity of selling of time slots for broadcasting of
any programme or obtaining sponsorships for programme
or collecting the broadcasting charges on behalf of
the said agency or organisation;
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“beauty treatment” means
face and beauty treatment, cosmetic treatment, manicure,
pedicure or counseling services on beauty, face care
or make-up;
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“beauty parlour” means
any establishment providing beauty treatment services;
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“business auxiliary service”
means any service in relation to –
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promotion or marketing
or sale of goods produced or provided by
or belonging to the client; or
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promotion or marketing
of service provided by the client; or
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any customer care service
provided on behalf of the client; or
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procurement of goods
or services, which are inputs for the client;
or
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production of goods
on behalf of the client; or
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provision of service
on behalf of the client ; or
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a service incidental
or auxiliary to any activity specified in
sub-clauses (i) to (vi), such as billing,
issue or collection or recovery of cheques,
payments, maintenance of accounts and remittance,
inventory management, evaluation or development
of prospective customer or vendor, public
relation services, management or supervision
and includes services as a commission agent,
but does not include any information technology
service and any activity that amounts to
“manufacture” within the meaning
of clause (f) of section 2 of the Central
Excise Act, 1944 (1 of 1944).
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Explanation
– For the removal of doubts, it is hereby
declared that for the purposes of this clause,
“information technology service”
means any service in relation to designing,
developing or maintaining of computer software,
or computerized data processing or system networking,
or any other service primarily in relation to
operation of computer system;] |
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| (19a)
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“business exhibition”
means an exhibition, -
(a) to market; or
(b) to promote; or
(c) to advertise; or
(d) to showcase,
any product or service, intended
for the growth in business of the producer or
provider of such product or service, as the
case may be;]
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“cab” means a motorcab
or maxicab;
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“cable operator” has
the meaning assigned to it in clause (aa) of section
2 of the Cable Television Networks (Regulation) Act,
1995 ( 7 of 1995);
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“cable service” has the
meaning assigned to it in clause (b) of section 2 of
the Cable Television Networks (Regulation) Act, 1995
(7 of 1995);
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“cargo handling service”
means loading, unloading, packing or unpacking of cargo
and includes cargo handling services provided for freight
in special containers or for non-containerized freight,
services provided by a container freight terminal or
any other freight terminal, for all modes of transport
and cargo handling service incidental to freight, but
does not include handling of export cargo or passenger
baggage or mere transportation of goods;
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“caterer” means any person
who supplies, either directly or indirectly, any food,
edible preparations, alcoholic or non-alcoholic beverages
or crockery and similar articles or accoutrements for
any purpose or occasion;
| (24a) |
“civil
enclave” has the meaning assigned to it
in clause (i) of section 2 of the Airports Authority
of India Act, 1994 (55 of 1994); |
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“clearing and forwarding agent”
means any person who is engaged in providing any service,
either directly or indirectly, connected with the clearing
and forwarding operations in any manner to any other
person and includes a consignment agent;
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“commercial training or coaching”
means any training or coaching provided by a commercial
training or coaching centre;
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“commercial training or coaching
centre” means any institute or establishment providing
commercial training or coaching for imparting skill
or knowledge or lessons on any subject or field other
than the sports, with or without issuance of a certificate
and includes coaching or tutorial classes but does not
include pre-school coaching and training centre or any
institute or establishment which issues any certificate
or diploma or degree or any educational qualification
recognized by law for the time being in force;
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omitted by the Finance (No. 2) Act,
2004, w.e.f. 10-09-2004. Prior to its omission, it read
as under: ‘(28) “commissioning or installation”
means any service provider by a commissioning and installation
agency in relation to commissioning or installation
of plant, machinery or equipment;’]
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“commissioning and installation
agency” means any agency providing service in
relation to [erection,] commissioning or installation;
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“computer network” has
the meaning assigned to it in clause (j) of sub-section
(1) of section 2 of the Information Technology Act,
2000 (21 of 2000);
| (30a) |
“construction
service” means -
(a) construction
of new building or civil structure or a part
thereof; or
(b) repair,
alteration or restoration of, or similar services
in relation to, building or civil structure,
which is –
(i) used,
or to be used, primarily for; or
(ii) occupied,
or to be occupied, primarily with; or
(iii) engaged,
or to be engaged, primarily in,
commerce or industry, or work intended for commerce
or industry, but does not include road, airport,
railway, transport terminal, bridge, tunnel,
long distance pipeline and dam;
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“consulting engineer”
means any professionally qualified engineer or an engineering
firm who, either directly or indirectly, renders any
advice, consultancy or technical assistance in any manner
to a client in one or more disciplines of engineering;
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“convention” means a
formal meeting or assembly which is not open to the
general public, but does not include a meeting or assembly,
the principal purpose of which is to provide any type
of amusement, entertainment or recreation;
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“courier agency” means
a commercial concern engaged in the door-to-door transportation
of time-sensitive documents, goods or articles utilizing
the services of a person, either directly or indirectly,
to carry or accompany such documents, goods or articles;
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“credit rating agency”
means any commercial concern engaged in the business
of credit rating of any debt obligation or of any project
or programme requiring finance, whether in the form
of debt or otherwise, and includes credit rating of
any financial obligation, instrument or security, which
has the purpose of providing a potential investor or
any other person any information pertaining to the relative
safety of timely payment of interest or principal;
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“custom house agent”
means a person licensed, temporarily or otherwise, under
the regulations made under sub-section (2) of section
146 of the Customs Act, 1962 (52 of 1962);
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“data” has the meaning
assigned to it in clause (o) of sub-section (1) of section
2 of the Information Technology Act, 2000 (21 of 2000);
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“dry cleaning” includes
dry cleaning of apparels, garments or other textile,
fur or leather articles;
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“dry cleaner” means any
commercial concern providing service in relation to
dry cleaning;
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“electronic form” has
the meaning assigned to it in clause (r) of sub-section
(1) of section 2 of the Information Technology Act,
2000 (21 of 2000);
| (39a) |
“erection,
commissioning or installation” means service
provided by a commissioning and installation
agency in relation to erection, commissioning
or installation of plant, machinery or equipment; |
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“event management” means
any service provided in relation to planning, promotion,
orgainising or presentation of any arts, entertainment,
business, sports or any other event and includes any
consultation provided in this regard;
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“event manager” means
any person who is engaged in providing any service in
relation to event management in any manner;
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“facsimile (FAX)” means
a form of telecommunication by which fixed graphic images,
such as printed texts and pictures are scanned and the
information converted into electrical signals for transmission
over the telecommunication system;
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“fashion designing” includes
any activity relating to conceptualizing, outlining,
creating the designs and preparing patterns for costumes,
apparels, garments, clothing accessories, jewellery
or any other articles intended to be worn by human beings
and any other service incidental thereto;
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“fashion designer” means
any person engaged in providing service in relation
to fashion designing;
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“financial institution”
has the meaning assigned to it in clause (c) of section
45-I of the Reserve Bank of India Act, 1934 ( 2 of 1934
);
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“foreign exchange broker”
includes any authorized dealer of foreign exchange;
| (46a) |
“forward
contract” has the meaning assigned to
it in clause (c) of section 2 of the Forward
Contracts (Regulation) Act, 1952 (74 of 1952); |
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“franchise” means an
agreement by which –
| (i) |
franchisee
is granted representational right to sell or
manufacture goods or to provide service or undertake
any process identified with franchisor, whether
or not a trade mark, service mark, trade name
or logo or any such symbol, as the case may
be, is involved; |
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| (ii) |
the franchisor provides
concepts of business operation to franchisee,
including know-how, method of operation, managerial
expertise, marketing technique or training and
standards of quality control except passing
on the ownership of all know-how to franchisee; |
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| (iii) |
the franchisee is required
to pay to the franchisor, directly or indirectly,
a fee; and |
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| (iv) |
the franchisee is under
an obligation not to engage in selling or providing
similar goods or services or process, identified
with any other person; |
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“franchisor” means any
person who enters into franchise with a franchisee and
includes any associate of franchisor or a person designated
by franchisor to enter into franchise on his behalf
and the term “franchisee” shall be construed
accordingly;
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“general insurance business”
has the meaning assigned to it in clause (g) of section
3 of the General Insurance Business (Nationalisation)
Act, 1972 (57 of 1972);
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“goods” has the meaning
assigned to it in clause (7) of section 2 of the Sale
of Goods Act, 1930 (3 of 1930);
| (50a)
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“goods carriage” has
the meaning assigned to it in clause (14) of section
2 of the Motor Vehicles Act, 1988 (59 of 1988); |
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| (50b) |
“goods transport agency” means any
commercial concern which provides service in relation
to transport of goods by road and issues consignment
note, by whatever name called;] |
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“health and fitness service”
means service for physical well being such as, sauna
and steam bath, turkish bath, solarium, spas, reducing
or slimming saloons, gymnasium, yoga, meditation, massage
(excluding therapeutic massage) or any other like service;
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“health club and fitness centre”
means any establishment, including a hotel or a resort,
providing health and fitness service;
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“information” has the
meaning assigned to it is clause (v) of sub-section
(1) of section 2 of the Information Technology Act,
2000 (21 of 2000);
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“insurance agent” has
the meaning assigned to it in clause (10) of section
2 of the Insurance Act, 1938 (4 of 1938);
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“insurance auxiliary service”
means any service provided by an actuary, an intermediary
or insurance intermediary or an insurance agent in relation
to general insurance business or life insurance business
and includes risk assessment, claim settlement, survey
and loss assessment;
| (55a) |
“intellectual
property right” means any right to intangible
property, namely, trade marks, designs, patents
or any other similar intangible property, under
any law for the time being in force, but does
not include copyright; |
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| (55b) |
“intellectual property
service” means,-
(a) transferring, whether permanently
or otherwise; or
(b) permitting the use or enjoyment
of,
any intellectual
property right; |
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“intermediary or insurance
intermediary” has the meaning assigned to it in
clause (f) of sub-section (1) of section 2 of the Insurance
Regulatory and Development Authority Act, 1999 (41 of
1999);
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“internet cafe” means
a commercial establishment providing facility for accessing
internet;
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“insurer” means any person
carrying on the general insurance business or life insurance
business in India;
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“interior decorator”
means any person engaged, whether directly or indirectly,
in the business of providing by way of advice, consultancy,
technical assistance or in any other manner, services
related to planning, design or beautification of spaces,
whether man-made or otherwise and includes a landscape
designer;
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“leased circuit” means
a dedicated link provided between two fixed locations
for exclusive use of the subscriber and includes a speech
circuit, a data circuit or a telegraph circuit;
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“life insurance business”
has the meaning assigned to it in clause (11) of section
2 of the Insurance Act, 1938 (4 of 1938);
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“light motor vehicle”
means any motor vehicle constructed or adapted to carry
more than six passengers, but not more than twelve passengers,
excluding the driver;
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“magnetic storage device”
includes wax blanks, discs or blanks, strips or films
for the purpose of original sound recording;
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“maintenance or repair”
means any service provided by –
| (i) |
any person
under a maintenance contract or agreement; or |
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| (ii) |
a manufacturer or any person
authorized by him,
in relation to maintenance or repair or servicing
of any goods or equipment, excluding motor vehicle; |
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“management consultant”
means any person who is engaged in providing any service,
either directly or indirectly, in connection with the
management of any organization in any manner and includes
any person who renders any advice, consultancy or technical
assistance, relating to conceptualizing, devising, development,
modification, rectification or upgradation of any working
system of any organization;
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“mandap” means any immovable
property as defined in section 3 of the Transfer of
Property Act, 1882 (4 of 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;
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“mandap keeper” means
a person who allows temporary occupation of a mandap
for a consideration for organizing any official, social
or business function;
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“manpower recruitment agency”
means any commercial concern engaged in providing any
service, directly or indirectly, in any manner for recruitment
of manpower, to a client;
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“market research agency”
means any commercial concern engaged in conducting market
research in any manner, in relation to any product,
service or utility, including all types of customized
and syndicated research services;
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“maxicab” has the meaning
assigned to it in clause (22) of section 2 of the Motor
Vehicles Act, 1988 (59 of 1988);
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“motorcab” has the meaning
assigned to it in clause (25) of section 2 of the Motor
Vehicles Act, 1988 ( 59 of 1988);
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“motor car” has the meaning
assigned to it in clasue (26) of section 2 of the Motor
Vehicles Act, 1988 ( 59 of 1988);
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“motor vehicle” has the
meaning assigned to it in clause (28) of section 2 of
the Motor Vehicles Act, 1988 (59 of 1988);
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“non-banking financial company”
has the meaning assigned to it in clause (f) of section
45-I of the Reserve Bank of India Act, 1934 (2 of 1934);
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“on-line information and database
access or retrieval” means providing data or information,
retrievable or otherwise, to a customer, in electronic
form through a computer network;
| (75a) |
“opinion
poll” means any service designed to secure
information on public opinion regarding social,
economic, political or other issues; |
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| (75b) |
“opinion poll agency”
means any person engaged in providing any service
in relation to opinion poll; |
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“other port” has the
meaning assigned to “port” in clause (4)
of section 3 of the Indian Ports Act, 1908 (15 of 1908),
but does not include the port defined in clause (80);
| (76a) |
“outdoor
caterer” means a caterer engaged in providing
services in connection with catering at a place
other than his own; |
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“pager” means an instrument,
apparatus or appliance which is a non-speech, one way
personal calling system with alert and has the capability
of receiving, storing and displaying numeric or alpha-numeric
messages;
| (77a) |
“pandal
or shamiana” means a place specially prepared
or arranged for organizing an official, social
or business function; |
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| (77b) |
“pandal or shamiana
contractor” means a person engaged in
providing any service, either directly or indirectly,
in connection with the preparation, arrangement,
erection or decoration of a pandal or shamiana
and includes the supply of furniture, fixtures,
lights and lighting fittings, floor coverings
and other articles for use therein; |
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“photography” includes
still photography, motion picture photography, laser
photography, aerial photography or fluorescent photography;
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“photography studio or agency”
means any professional photographer or a commercial
concern engaged in the business of rendering service
relating to photography;
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“policyholder” has the
meaning assigned to it in clause (2) of section 2 of
the Insurance Act, 1938 (4 of 1938);
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“port” has the meaning
assigned to it in clause (q) of section 2 of the Major
Port Trusts Act, 1963 (38 of 1963);
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“port service” means
any service rendered by a port or other port or any
person authorized by such port or other port, in any
manner, in relation to a vessel or goods;
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“practicing chartered accountant”
means a person who is a member of the Institute of Chartered
Accountants of India and is holding a certificate of
practice granted under the provisions of the Chartered
Accountants Act, 1949 (38 of 1949) and includes any
concern engaged in rendering services in the field of
chartered accountancy;
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“practicing cost accountant”
means a person who is a member of the Institute of Cost
and Works Accountants of India and is holding a certificate
of practice granted under the provisions of the Cost
and Works Accountants Act, 1959 (23 of 1959) and includes
any concern engaged in rendering services in the field
of cost accountancy;
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“ practicing company secretary”
means a person who is a member of the Institute of Company
Secretaries of India and is holding a certificate of
practice granted under the provision of the Company
Secretaries Act, 1980 (56 of 1980) and includes any
concern engaged in rendering services in the field of
company secretaryship;
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“ prescribed” means prescribed
by rules madder under this Chapter;
| (86a) |
“programme”
means any audio or visual matter, live of recorded,
which is intended to be disseminated by transmission
of electro-magnetic waves through space or through
cables intended to be received by the general
public either directly or indirectly through
the medium of relay stations; |
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| (86b) |
“programme producer”
means a commercial concern which produces a
programme on behalf of another person; |
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“rail travel agent” means
any person engaged in providing any service connected
with booking of passage for travel by rail;
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“real estate agent” means
a person who is engaged in rendering any service in
relation to sale, purchase, leasing or renting, of real
estate and includes a real estate consultant;
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“real estate consultant”
means a person who renders in any manner, either directly
or indirectly, advice, consultancy or technical assistance,
in relation to evaluation, conception, design, development,
construction, implementation, supervision, maintenance,
marketing, acquisition or management, of real estate;
| (89a) |
“recognized
association” has the meaning assigned
to it in clause (j) of section 2 of the Forward
Contracts (Regulation) Act, 1952 (74 of 1952); |
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| (89b) |
“registered association”
has the meaning assigned to it in clause (jj)
of section 2 of the Forward Contracts (Regulation)
Act, 1952 ( 74 of 1952]; |
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“recognized stock exchange”
has the meaning assigned to it in clause (f) of section
2 of the Securities Contracts (Regulation) Act, 1956
(42 of 1956);
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“rent-a-cab scheme operator”
means any person engaged in the business of renting
of cabs;
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“scientific or technical consultancy”
means any advice, consultancy, or scientific or technical
assistance, rendered in any manner, either directly
or indirectly, by a scientist or a technocrat, or any
science or technology institution or organization, to
a client, in one or more disciplines of science or technology;
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“securities” has the
meaning assigned to it in clause (h) of section 2 of
the Securities Contracts (Regulation) Act, 1956 (42
of 1956);
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“security agency” means
any commercial concern engaged in the business of rendering
services relating to the security of any property, whether
movable or immovable, or of any person, in any manner
and includes the services of investigation, detection
or verification, of any fact or activity, whether of
a personal nature or otherwise, including the services
of providing security personnel;
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“service tax” means tax
leviable under the provision of this Chapter;
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“ship” means a sea-going
vessel and includes a sailing vessel;
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“shipping line” means
any person who owns or charters a ship and includes
an enterprise which operates or manages the business
of shipping;
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“sound recording” means
recording of sound on a magnetic storage device and
includes editing thereof, in any manner;
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“sound recording studio or
agency” means any commercial concern engaged in
the business of rendering any service relating to sound
recording;
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“steamer agent” means
any person who undertakes, either directly or indirectly,-
| (i) |
to perform
any service in connection with the ship’s
husbandry or dispatch including the rendering
of administrative work related thereto; or |
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| (ii) |
to book, advertise or canvass
for cargo for or on behalf of a shipping line;
or |
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| (iii) |
to provide container feeder
services for or on behalf of a shipping line; |
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“stock broker” means
a person, who has either made an application for registration
or is registered as a stock-broker or sub-broker, as
the case may be, in accordance with the rules and regulation
made under the Securities and Exchange Board of India
Act, 1992 (15 of 1992);]
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“storage and warehousing”
includes storage and warehousing services for goods
including liquids and gases but does not include any
service provided for storage of agricultural produce
or any service provided by a cold storage;
-
omitted by the Finance (No. 2) Act,
2004, w.e.f. 10-09-2004. Prior to its omission, clause
(103) read as under : ‘(103) “sub-broker”
means a sub-broker who has either made an application
for registration or is registered as a sub-broker in
accordance with the rules and regulations made under
the Securities and Exchange Board of India Act, 1992
(15 of 1992);’
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“subscriber” means a
person to whom any service of a telephone connection
or a facsimile (FAX) or a leased circuit or a pager
or a telegraph or a telex has been provided by the telegraph
authority;
| (104a) |
“survey
and exploration of mineral” means geological,
geophysical or other prospecting, surface or
sub-surface surveying or map making service,
in relation to location or exploration of deposits
of mineral, oil or gas; |
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“taxable service” means
any service provided, -
| (a) |
to [any person],
by a stock-broker in connection with sale or
purchase of securities listed on a recognized
stock exchange; |
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| (b) |
to a subscriber, by the
telegraph authority in relation to a telephone
connection; |
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| (c) |
to a subscriber, by the
telegraph authority in relation to a pager; |
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| (d) |
to a policy holder, by
an insurer carrying on general insurance business
in relation to general insurance business; |
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| (e) |
to a client, by an advertising
agency in relation to advertisement, in any
manner, |
| |
|
| (f) |
to a customer, by a courier
agency in relation to door-to-door transportation
of time sensitive documents, goods or articles; |
| |
|
| (g) |
to a client, by a consulting
engineer in relation to advice, consultancy
or technical assistance in any manner in one
or more disciplines of engineering [but not
in the discipline of computer hardware engineering
or computer software engineering;] |
| |
|
| (h) |
to a client, by a custom
house agent in relation to the entry or departure
of conveyances or the import or export of goods; |
| |
|
| (i) |
to a shipping line, by
a steamer agent in relation to a ship’s
husbandry or dispatch or any administrative
work related thereto as well as the booking,
advertising or canvassing of cargo, including
container feeder services; |
| |
|
| (j) |
to a client, by a clearing
and forwarding agent in relation to clearing
and forwarding operations, in any manner; |
| |
|
| (k) |
to a client, by a manpower
recruitment agency in relation to the recruitment
of manpower, in any manner; |
| |
|
| (l) |
to a customer, by an air
travel agent in relation to the booking of passage
fore travel by air; |
| |
|
| (m) |
to a client, by a mandap
keeper in relation to the use of mandap in any
manner including the facilities provided to
the client in relation to such use and also
the services, if any, rendered as a caterer; |
| |
|
| (n) |
to any person, by a tour
operator in relation to a tour; |
| |
|
| (o) |
to any person, by a rent-a-cab
scheme operator in relation to the renting of
a cab; |
| |
|
| (p) |
to a client, by an architect
in his professional capacity, in any manner; |
| |
|
| (q) |
to a client, by an interior
decorator in relation to planning, design or
beautification of spaces, whether man-made or
otherwise, in any manner; |
| |
|
| (r) |
to a client, by a management
consultant in connection with the management
of any organization, in any manner; |
| |
|
| (s) |
to a client, by a practicing
chartered accountant in his professional capacity,
in any manner; |
| |
|
| (t) |
to a client, by a practicing
cost accountant in his professional capacity,
in any manner; |
| |
|
| (u) |
to a client, by a practicing
company secretary in his professional capacity,
in any manner; |
| |
|
| (v) |
to a client, by a real
estate agent in relation to real estate; |
| |
|
| (w) |
to a client, by a security
agency in relation to the security of any property
or person, by providing security personnel or
otherwise and includes the provision of services
of investigation, detection or verification
of any fact or activity; |
| |
|
| (x) |
to a client, by a credit
rating agency in relation to credit rating of
any financial obligation, instrument or security; |
| |
|
| (y) |
to a client, by a market
research agency in relation to market research
of any product, service or utility, in any manner; |
| |
|
| (z) |
to a client, by an underwriter
in relation to underwriting, in any manner; |
| |
|
| (za) |
to a client, by a scientist
or a technocrat, or any science or technology
institution or organization, in relation to
scientific or technical consultancy; |
| |
|
| (zb) |
to a customer, by a photography
studio or agency in relation to photography,
in any manner, |
| |
|
| (zc) |
to a client, by any commercial
concern in relation to holding of a convention,
in any manner; |
| |
|
| (zd) |
to a subscriber, by the
telegraph authority in relation to a leased
circuit; |
| |
|
| (ze) |
to a subscriber, by the
telegraph authority in relation to a communication
through telegraph; |
| |
|
| (zf) |
to a subscriber, by the
telegraph authority in relation to a communication
through telex; |
| |
|
| (zg) |
to a subscriber, by the
telegraph authority in relation to a facsimile
(FAX) communication; |
| |
|
| (zh) |
to a customer, by a commercial
concern, in relation to on-line information
and database access or retrieval or both in
electronic form through computer network, in
any manner; |
| |
|
| (zi) |
to a client, by a video
production agency in relation to video-tape
production, in any manner; |
| |
|
| (zj) |
to a client, by a sound
recording studio or agency in relation to any
kind of sound recording; |
| |
|
| (zk) |
to a client, by a broadcasting
agency or organization in relation to broad
casting in any manner and, in the case of a
broadcasting agency or organization, having
its head office situated in any place outside
India, includes service provided by its branch
office or subsidiary or representative in India
or any agent appointed in India or by any person
who acts on its behalf in any manner, engaged
in the activity of selling of time slots for
broadcasting of any programme or obtaining sponsorships
for programme or colleting the broadcasting
charges on behalf of the said agency or organization.
Explanation,-
For the removal of doubts, it is hereby declared
that so long as the radio or television programme
broadcast is received in India and intended
for listening or viewing, as the case may be,
by the public, such service shall be a taxable
service in relation to broadcasting, even if
the encryption of signals or beaming thereof
through the satellite might have taken place
outside India;
|
| |
|
| (zl) |
to a policy holder or
insurer, by an actuary, or intermediary or insurance
agent, in relation to insurance auxiliary services
concerning general insurance business; |
| |
|
| (zm) |
[to a customer, by a banking
company or a financial institution including
a non-banking financial company, or any other
body corporate or commercial concern, in relation
to banking and other financial services;] |
| |
|
| (zn) |
to any person, by a port
or any person authorized by the port, in relation
to port services, in any manner; |
| |
|
| (zo) |
to a customer, by an authorized
service station, in relation to any service
or repair of motor cars or two wheeled motor
vehicles, in any manner; |
| |
|
| (zp) |
[omitted by Finance (No.
2) Act, 2004, w.e.f. 10-09-2004. Prior to its
omission, sub-clause (zp) read as under : “(zp)
to a customer, by a body corporate other than
the body corporate referred to in sub-clause
(zm), in relation to banking and other financial
services;”] |
| |
|
| (zq) |
to a customer, by a beauty
parlour in relation to beauty treatment; |
| |
|
| (zr) |
to any person, by a cargo
handling agency in relation to cargo handling
services; |
| |
|
| (zs) |
[to any person, by a cable
operator, including a multisystem operator,]
in relation to cable services; |
| |
|
| (zt) |
to a customer, by a dry
cleaner in relation to dry cleaning; |
| |
|
| (zu) |
to a client, by an event
manager in relation to event management; |
| |
|
| (zv) |
to any person, by a fashion
designer in relation to fashion designing; |
| |
|
| (zw) |
to any person, by a health
club and fitness centre in relation to health
and fitness services; |
| |
|
| (zx) |
to a policyholder, by
an insurer carrying on life insurance business
in relation to [the risk cover in life insurance]; |
| |
|
| (zy) |
to a policyholder or insurer
by an actuary, or intermediary or insurance
intermediary or insurance agent, in relation
to insurance auxiliary services concerning life
insurance business; |
| |
|
| (zz) |
to a customer, by a rail
travel agent in relation to booking of passage
for travel by rail; |
| |
|
| (zza) |
to any person, by a storage
or warehouse keeper in relation to storage and
warehousing of goods; |
| |
|
| (zzb) |
to a client, by a commercial
concern in relation to business auxiliary service; |
| |
|
| (zzc) |
to any person, by a commercial
training or coaching centre in relation to commercial
training or coach | |