| Certain
issues were raised regarding the
scope of the definition of Business
Auxiliary Services. They have
since been clarified through service
tax notifications:
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Business
Auxiliary Services have been
described as covering activities
such as evaluation of prospective
customers, processing of purchase
orders, customer management,
information and tracking of
delivery schedules, accounting
and processing of pricing
policies and managing distribution
and logistics.
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The services
provided in relation to getting
a customer, verification of
prospective customer, processing
of purchase order, etc. would
also be covered under the
service tax, as the law specifically
provides for the inclusion
of such services as Business
Auxiliary Support Services.
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The introduction
of Business Auxiliary Services
had a direct impact on call
centers and medical transcription
centers, considered a part
of the Business Auxiliary
Service segment. Subsequently,
Business Auxiliary Services
provided by call centers (i.e.
commercial concerns providing
assistance, help or information,
through the telephone, on
behalf of another person)
and medical transcription
centers (i.e. commercial concerns
transcribing medical history,
treatment, medical observations
and the like) have been fully
exempted from the levy of
service tax, with effect from
July 1, 2003 through a Service
tax notification.
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It has been clarified
that Information Technology service
implies any service in relation
to designing, developing or maintaining
of computer software or computerized
data processing or system networking
or any other service associated
with the operation of a computer
system.
In
this regard, it is stated
that only if the output service
provided by a service provider
is in the nature of the above
operations, such exemptions
would be available. Consequently,
the individual service has
to be examined with reference
to the explanation provided
on the definition of business
auxiliary services and only
such output services, which
qualify to be IT services
in terms of this explanation,
will be excluded from taxable
service under the Business
Auxiliary Service segment.
The above clarifications should
bring cheer to the software sector
and to medical transcription and
call centers, and as such their
services may not be regarded as
Business Auxiliary Services.
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