(98) "sound recording" means recording of sound on any
media or device including magnetic storage device, and includes
services relating to recording of sound in any manner such as
sound cataloguing, storing of sound and sound mixing or re-mixing
or any audio post-production activity;
(99) "sound recording studio or agency" means any commercial
concern engaged in the business of rendering any service relating
to sound recording;
(100) "steamer agent" means any person who undertakes,
either directly or indirectly, --
(a) To perform any service in connection with the ship’s
husbandry or dispatch including the rendering of administrative
work related thereto; or
(b) To book, advertise or canvass for cargo for or on behalf of
a shipping line; or
(c) To provide container feeder services for or on behalf of a
shipping line;
(101)"stock broker" means a stock broker who has either
made an application for registration or is registered as a stock-broker
in accordance with the rules and regulations made under the Securities
and Exchange Board of India Act, 1992 (15 of 1992);
102)"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;
(103) Omitted
(104) "subscriber" means a person to whom any service
of a telephone connection or a facsimile or a leased circuit or
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;
(104b) "survey and map-making" means geological, geophysical
or any other prospecting, surface, sub-surface or aerial surveying
or map-making of any kind, but does not include survey and exploration
of mineral;
(105) "taxable service" means any service provided
or to be provided -
(a) To an investor, by a stock-broker in connection with the
sale or purchase of securities listed on a recognized stock
exchange;
(b) To a subscriber, by the telegraph authority in relation
to a telephone connection;
(c) To a subscriber, by the telegraph authority in relation
to a pager;
(d) To a policy holder, by an insurer carrying on general insurance
business in relation to general insurance businesses;
(e) To a client, by an advertising agency in relation to advertisement,
in any manner;
(f) To a customer, by 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;
(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 or supply agency
in relation to the recruitment or supply of manpower, temporarily
or otherwise, in any manner;";
(l) To a customer, by an air travel agent in relation to the
booking of passage for travel by air;
(m) To a client, by a Mandap keeper in elation to the use of
Mandap in any manner including the facilities provided or to
be provided to the client in relation to such use and also the
services, if any provided or to be provided 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 manmade 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 practising chartered accountant in his
professional capacity, in any manner;
(t) To a client, by a practising cost accountant in his professional
capacity, in any manner;
(u) To a client, by a practising 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 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 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 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 broadcasting, in any manner and, in the case of
broadcasting agency or organisation, 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 programmes or collecting the broadcasting charges
on behalf of the said agency", the words " collecting
the broadcasting charges or permitting the rights to receive
any form of communication like sign, signal, writing, picture,
image and sounds of all kinds by transmission of electromagnetic
waves through space or through cables, direct to home signals
or by any other means to cable operator, including multisystem
operator or any other person on behalf of the said agency or
organisation.
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 taxable
service in relation to broadcasting, even if the encryption
of the 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 intermediary or insurance agent, in relation to
insurance auxiliary services;
(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 authorised by the
port, in relation to port services, in any manner;
(zo) To a customer, by an authorised service station, in relation
to any service, repair, reconditioning or restoration of motor
cars, light motor vehicles; in any manner
(zp) Omitted.
(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 policy holder, by an insurer carrying on life insurance
business in relation to the risk cover in life insurance;
(zy) To a policy holder 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
ot storage and warehousing of goods;
and the term "service provider" shall be construed
accordingly;
(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 coaching;
(zzd) To a customer, by a erection, commissioning and installation
agency in relation to commissioning or installation;
(zze)to a franchisee, by the franchisor in relation to franchise;
(zzf) to any person, by an internet café in relation
to access of internet;
(zzg) To a customer, by a person in relation to maintenance
or repair;
(zzh) To a person, by a technical inspection and analysis agency,
in relation to technical testing and analysis;
(zzi) To a person, by a technical inspection and certification
agency, in relation to technical inspection and certification;
(zzj) Omitted
(zzk) To a customer, by a foreign exchange broker other than
those brokers in relation to banking and other financial services
referred to in sub-clause (zm);
(zzl) To any person, by other port or any person authorised
by that port in relation to port services, in any manner;
(zzm) To any person, by airports authority or any person authorised
by it, in an airport or a civil enclave;
(zzn) To any person, by an aircraft operaot, in relation to
transport of goods by aircraft;
(zzo) To an exhibitor, by the organizer of a business exhibition,
in relation to business exhibition;
(zzp) To a customer, by a goods transport agency, in relation
to transport of goods by road in a goods carriage;
(zzq) To any person, by a commercial concern, in relation to
commercial or industrial construction service;
(zzr)To any person, by the holder of intellectual property right,
in relation to intellectual property service;
(zzs) To any person, by an opinion poll agency, in relation
to opinion poll;
(zzt) To a client, by an outdoor caterer;
(zzu) To any person, by a programme producer, in relation to
a programme;
(zzv) To a customer, by any person, in relation to survey and
exploration of mineral;
(zzw)To a client, by pandal or shamiana contractor in relation
to a pandal or shamiana in any manner and also includes the
services, if any, provided or to be provided as a caterer;
(zzx) To a customer, by a travel agent, in relation to booking
of passage for travel;
(zzy) To any person, by a member of a recognised association
or a registered association, in relation to a forward contract;
(zzz) To any person, by any other person, in relation to transport
of goods other than water, through pipeline or other conduit;
(zzza) To any person, by any other person, in relation to site
formation and clearance, excavation and earthmoving and demolition
and such other similar activities;
(zzzb) To any person, by any other person, in relation to dredging;
(zzzc) To any person, by any other person, other than by an
agency under the control of, or authorised by, the Government,
in relation to survey and map-making;
(zzzd) To any person, by any other person, in relation to cleaning
activity;
(zzze)
to its members, by any club or association in relation to provision
of services, facilities or advantages for a subscription or
any other amount;
(zzzf) To any person, by any other person, in relation to packaging
activity;
(zzzg) to any person, by any other person, in relation to mailing
list compilation and mailing;
(zzzh) To any person, by any other person, in relation to construction
of complex;
Explanation.—For the removal of doubts, it is hereby declared
that where any service provided or to be provided by a person,
who has established a business or has a fixed establishment
from which the service is provided or to be provided, or has
his permanent address or usual place of residence, in a country
other than India and such service is received or to be received
by a person who has his place of business, fixed establishment,
permanent address or, as the case may be, usual place of residence,
in India such service shall be deemed to be taxable service
for the purposes of this clause;
and the term “service provider” shall construed
accordingly;
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