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INCLUSION AND EXCLUSIONS OF SERVICES

Written By Admin on Sunday, 27 November 2011 | Sunday, November 27, 2011


INCLUSION AND EXCLUSIONS OF SERVICES


CERTAIN INCLUSIONS

Ø       Right to use immovable property.

Ø       Temporary transfer or permitting the use or enjoyment of any intellectual property.

Ø       The obligation to refrain from an act, or to tolerate an act or a situation, or to do an act.

Ø       Services provided in relation to lease or hire of goods. However, delivery of goods by way of hire purchase or installments would be deemed to be sale of goods.

Ø       Right to enter any premises e.g. museums; art galleries or botanical gardens will also constitute service.

Ø       Sale of SIM card with talk time.

Ø       Downloadable on-site software and similar supplies through the internet.

Ø       Service element involved in the supplies in respect of works contracts, restaurants, outdoor catering may be subject to tax as services at the prescribed rates, so that goods portion falling within the taxation powers of State Governments, will stand excluded.

Ø       Services in relation to sale and purchase of securities (e.g. stock broking).


CERTAIN EXCLUSIONS

Ø       Supplies of goods, money and immovable property.

Ø       Supplies which are deemed to be sale of goods in terms of Article 366 (29A) of the Constitution in the case of specified contracts. These relate to goods portion of the supplies in a works contract, contracts of hire purchase and catering. The remaining portion of the supply in the specified composite contracts shall be considered as supply of service.

Ø       Sale of immovable property in fully complete form i.e. after issuance of the completion certificate.

Ø       Self-supplies.

Ø       Supply of services by an employee to an employer in the course of or in relation to the employment of the person. However any service rendered by an employee in another capacity will constitute a supply of service.

Ø       Any supply that amounts to manufacture or is includible in the value of the goods under the Central Excise Act.

Ø       Supplies of electricity, power, heat, refrigeration and ventilation may be specified as not comprising supply of services.
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