Service Tax

Online information-database access-retrieval services POPS Rules-2012 amendment in definition of telecommunication services

Online information-database access-retrieval services POPS Rules-2012 amendment in definition of telecommunication services 

The service tax is payable only with respect to services rendered within taxable territories which in turn signifies that the determination of place of services are of paramount importance in deciding the taxability of a service. Accordingly, the Central Government had notified Place of Provision of Services (POPS) Rules, 2012 vide notification No. 28/2012

As per clause (q) of section 2 of Place of Provision of Services (POPS) Rules, 2012, the definition of  telecommunication service is as under:

“telecommunication service” means service of any description (including electronic mail, voice mail, data services, audio text services, video text services, radio paging and cellular mobile telephone services) which is made available to users by means of any transmission or reception of signs, signals, writing, images and sounds or intelligence of any nature, by wire, radio, visual or other electro-magnetic means but shall not include broadcasting services.

CBEC has amended the above definition of telecommunication service by providing that “online information and database access or retrieval services” apart from broadcasting services, shall also not be covered under “telecommunication service”.

The notification is as under:

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 51/2016-Service Tax

New Delhi, the 30th November, 2016

G.S.R.—(E).- In exercise of the powers conferred by sub-section (1) of section 66C and clause (hhh) of sub-section (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules to further amend the Place of Provision of Services Rules, 2012, namely :—

1. (1) These rules may be called the Place of Provision of Services (Second Amendment) Rules, 2016.
(2) They shall come into force on the 1st day of December, 2016.

2. In the Place of Provision of Services Rules, 2012, in rule 2, in clause (q), after the words “include broadcasting”, the words “and online information and database access or retrieval” shall be inserted.

[F. No. 354/149/2016-TRU]

(Mohit Tiwari)
Under Secretary to the Government of India

Note:- The principal rules were published in the Gazette of India, Extraordinary, vide notification No. 28/2012 – Service Tax, dated the 20th June, 2012 vide number G.S.R. 470 (E), dated the 20th June, 2012 and last amended by notification No.46/2016 – Service Tax, dated the 9th November, 2016 vide number G.S.R. 1055 (E), dated the 9th November, 2016.

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Tax authorities not bound with provisions of section 44AE once assessee waived option

Tax authorities not bound with provisions of section 44AE of the Act once assessee waived the option available In a…

7 hours ago
  • Income Tax

Whether seized document is incriminating or not is a findings of fact – High Court

Whether seized document is incriminating or not is definitely a findings of fact – High Court In a recent judgment,…

10 hours ago
  • Income Tax

Interest earned on borrowed funds/unutilized capital subsidy is capital receipts – High Court

Interest earned on borrowed funds/ unutilized capital subsidy are capital receipts In a recent judgment, Hon'ble Guwahati High Court has…

13 hours ago
  • Income Tax

No statutory requirement of pre-deposit for stay of demand under Income Tax Act – HC

There is no statutory requirement of pre-deposit for stay of demand under Income Tax Act - High Court stayed demand  …

1 day ago
  • ICSI

Engagement of Company Secretaries as Young Professionals at RoC Mumbai and Pune

Engagement of Company Secretaries (CS) as Young Professionals in the Office of Regional Director (WR), Registrar of Companies, Mumbai and…

1 day ago
  • Income Tax

Applicability of Section 115BBE rws 69, 69A 69C in a case before Settlement Commission

Applicability of provisions of Section 115BBE  read with Section 69, 69A and 69C in a case arising before Settlement Commission…

1 day ago