TMI BlogInclusion in or exclusion from value of certain expenditure or costsX X X X Extracts X X X X X X X X Extracts X X X X ..... on service shall be the gross amount paid by the person to whom telecommunication service is actually provided.]] (2) Subject to the provisions of sub-rule (1), the expenditure or costs incurred by the service provider as a pure agent of the recipient of service, shall be excluded from the value of the taxable service if all the following conditions are satisfied, namely:- (i) the service provider acts as a pure agent of the recipient of service when he makes payment to third party for the goods or services procured; (ii) the recipient of service receives and uses the goods or services so procured by the service provider in his capacity as pure agent of the recipient of service; (iii) the recipient of service is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxable service is the total amount of consideration consisting of all components of the taxable service and it is immaterial that the details of individual components of the total consideration is indicated separately in the invoice. Illustration 1.- X contracts with Y, a real estate agent to sell his house and thereupon Y gives an advertisement in television. Y billed X including charges for Television advertisement and paid service tax on the total consideration billed. In such a case, consideration for the service provided is what X pays to Y. Y does not act as an agent behalf of X when obtaining the television advertisement even if the cost of television advertisement is mentioned separately in the invoice issued by X. Advertising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and overnight accommodation and any other incidental expenses such as parking fees by the Company X during the tour. At the end of the tour, the chauffeur returns the balance of the amount with a statement of his expenses and the relevant bills. Company X charges these amounts from the recipients of service. The cost incurred by the chauffeur and billed to the recipient of service constitutes part of gross amount charged for the provision of services by the company X. ********************* Notes:- 1. Rule 2B inserted vide notification no. 2/2011 ST dated 1.3.2011 w.e.f. 1.3.2011 2. Substituted vide Notification No. 24/2012, Service Tax, Dated 6-6-2012 , before it was read as:- Services specified in sub clause ..... X X X X Extracts X X X X X X X X Extracts X X X X
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