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CHAPTER V OF THE FINANCE ACT, 1994
(as amended)
Service Tax
Page3


(39) "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 any service provided by a

commissioning and installation agency, in relation to,—

(i) erection, commissioning or installation of plant, machinery or equipment; or

(ii) installation of—

(a) electrical and electronic devices, including wirings or fittings therefor; or

(b) plumbing, drain laying or other installations for transport of fluids; or

(c) heating, ventilation or air-conditioning including related pipe work, duct work and sheet metal work; or

(d) thermal insulation, sound insulation, fire proofing or water proofing; or

(e) lift and escalator, fire escape staircases or travelators; or

(f) such other similar services;

(40) "event management" means any service provided in relation to planning, promotion, organizing or presentation of any arts, entertainment, business, sports or any other event and includes any consultation provided in this regard;

(41) "event manager" means any person who is engaged in providing any service in relation to event management in any manner;

(42) "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;

(43) "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;

(44) "fashion designer" means any person engaged in providing service in relation to fashion designing;

(45) "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);

(46) “foreign exchange broker” includes any authorized dealer in foreign exchange;

(46a) “forward contract” has the meaning assigned to it in clause 9c) of section 2 of the Forward Contracts (Regulation) Act, 1952 ( 74 of 1952);

(47) “franchise" means an agreement by which the 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;



(48) “franchisor” mean a person who enters into franchise with a franchisee and includes any associate of franchisor or a person designated by franchiser to enter into franchise on his behalf and the term “franchisee” will be constued accordingly;

(49) "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);

(50) "goods" has the meaning assigned to it in clause (7) of section 2 of the sale of Goods Act, 1930 (3 of 1930);

(50a) “goods carriage” has the meaning assigned to it in clause 914) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988);

(50b) “ goods transport agency” means any commercial concern which provides service in relation to transport of goods by road and issues consignment notes, by whatever name called;

(51) "health club and fitness service" means service for physical well-being such as, sauna and steam bath, Turkish bath, solarium, spas, reducing or slimming salons, gymnasium, yoga, meditation, massage (excluding therapeutic massage)or any other like service;

(52) "health club and fitness centre" means any establishment, including a hotel or resort, providing health and fitness service;

(53) "information" has the meaning assigned to it in clause (v) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);

(54) "Insurance Agent" has the meaning assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938);

(55) "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 and includes risk assessment, claim settlement, survey and loss assessment;

(55a) “intellectual property right” means any right to intangible property, namely, trade marks, patents or any similar intangible property, under any law for the time being in force, but does not include copyright;

(55b) “intellectual property service” means,-


(a) transferring temporarily; or


(b) permitting the use or enjoyment of ,

any intellectual property right;

(56) "intermediary" or insurance intermediary" has the meaning assigned to it in sub-clause (f) of clause (1) of section 2 o the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);

(57) “internet café” means a commercial establishment providing facility for accessing internet;

(58) "insurer" means nay person carrying on the general insurance business in India;

(59) "Interior decorator" means any person engaged, whether directly or indirectly, in the business of providing by way of advice, consulting, technical assistance or in any other manner, services related to planning, design or beautification of space, whether man-made or otherwise and includes a landscape designer;

(60) "leased circuit" means a dedicated link provided between two fixed locations for exclusive use of the subscriber and includes a speech circuit, data circuit or a telegraph circuit;

(61) "life insurance business" has the meaning assigned to it in clause (11) of section 2 of the Insurance Act, 1938 (4 of 1938);

(62) “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;

(63) "magnetic storage device" include wax blanks, discs or blanks strips or films for the purpose of original sound recording;

(63a) mailing list compilation and mailing" means any service in relation to—

(i) compiling and providing list of name, address and any other information from any source; or

(ii) sending document, information, goods or any other material in a packet, by whatever name called, by addressing, stuffing, sealing, metering or mailing,

for, or on behalf of, the client;

(64)
“maintenance or repair” means any service provided by,-


(i) any person under a contract or an agreement; or


(ii) a manufacturer or any person authorised by him,




in relation to,—

(a) maintenance or repair including reconditioning or restoration, or servicing of any goods

or equipment, excluding motor vehicle; or

(b) maintenance or management of immovable property

(65) "management consultant" means any person who is engaged in providing any service, either directly or indirectly, in connection with the management of any organisation 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.

(66) "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 consideration for organizing any official, social or business function;

 
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