TMI BlogAmendment of Act 32 of 1994X X X X Extracts X X X X X X X X Extracts X X X X ..... ate other financial transactions; (9b) "automated teller machine operations, maintenance or management service" means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services; (9c) "banker to an issue" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934(2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application money, payment of dividend and interest warrants;'; (5) in clause (12), in sub-clause (a),- (a) for the words "commercial concern", the words "any other person" shall be substituted; (b) item (ii) shall be omitted; (c) for item (viii), the following items shall be substituted, namely:- "(viii) banker to an issue services; and (ix) other financial services, namely, lending, issue of pay order, demand draft, cheque, letter of credit and bill of exchange, transfer of money including telegraph ..... 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Explanation - For the purposes of this sub-clause, an issuing bank and the owner of trade marks or brand name shall be treated as separate persons;'; (10) in clause (34), for the words "commercial concern", the word "person" shall be substituted; (11) after clause (35), the following clause shall be inserted, namely:- '(35a) "customs airport" means an airport appointed as such under clause (a) of subsection (1) of section 7 of the Customs Act, 1962(52 of 1962);'; (12) in clause (38), for the words "commercial concern", the word "person" shall be substituted; (13) in clause (39a), in sub-clause (i), for the words "machinery or equipment", the words "machinery, equipment or structures, whether pre- fabricated or otherwise" shall be substituted; (14) in clause (50b), for the words "commercial concern which", the words "person who" shall be substituted; (15) after clause (56), the following clauses shall be inserted, namely:- '(56a) "international journey", in relation to a passenger, means his journey from any customs airport on board any aircraft to a place outside India; (56b) "internet" means a global information system which is logically linked together by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) a person employed or engaged by the aircraft operator in any capacity on board the aircraft;'; (23) in clause (79), for the words "a commercial concern", the words "any person" shall be substituted; (24) in clause (86b), for the words "a commercial concern which", the words "any person who" shall be substituted; (25) after clause (86b), the following clause shall be inserted, namely:- '(86c) "public relations" includes strategic counselling based on industry, media and perception research, corporate image management, media relations, media training, press release, press conference, financial public relations, brand support, brand launch, retail support and promotions, events and communications and crisis communications;'; (26) after clause (89b), the following clause shall be inserted, namely:- '(89c) "registrar to an issue" means any person carrying on the activities in relation to an issue including collecting application forms from investors, keeping a record of applications and money received from investors or paid to the seller of securities, assisting in determining the basis of allotment of securities, finalising the list of persons entitled to allotment of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l assistance for marketing, formulation of customer service and pricing policies, infrastructural support services and other transaction processing. Explanation - For the purposes of this clause, the expression "infrastructural support services" includes providing office along with office utilities, lounge, reception with competent personnel to handle messages, secretarial services, internet and telecom facilities, pantry and security; '; (33) in clause (105),- (a) for the words "policy holder" wherever they occur, the words "policy holder or any person" shall be substituted; (b) for the word "insurer" wherever it occurs, the words "insurer, including re-insurer" shall be substituted; (c) in sub-clause (zc), for the words "commercial concern", the word "person" shall be substituted; (d) in sub-clause (zh), for the words "a commercial concern", the words "any person" shall be substituted; (e) in sub-clause (zm), for the words "commercial concern", the words "any other person" shall be substituted; (f) in sub-clause (zzb), for the words "a commercial concern", the words "any person" shall be substituted; (g) in sub-clause (zzg), for the words "maintenance or repai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use, economy class in an aircraft meant for scheduled air transport of passengers means,- (i) where there is more than one class of travel, the class attracting the lowest standard fare; or (ii) where there is only one class of travel, that class. Explanation 2 - For the purposes of this sub-clause, in an aircraft meant for non-scheduled air transport of passengers, no class of travel shall be treated as economy class; (zzzp) to any person, by any other person other than Government railway as defined in clause (20) of section 2 of the Railways Act, 1989(24 of 1989), in relation to transport of goods in containers by rail, in any manner; (zzzq) to any person, by any other person, in relation to support services of business or commerce, in any manner; (zzzr) to any person, by any other person, in relation to auction of property, movable or immovable, tangible or intangible, in any manner, but does not include auction of property under the directions or orders of a court of law or auction by the Government; (zzzs) to any person, by any other person, in relation to managing the public relations of such person, in any manner; (zzzt) to any person, under a contract or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (b) received by a person (hereinafter referred to as the recipient) who has his place of business, fixed establishment, permanent address or usual place of residence, in India, such service shall, for the purposes of this section, be taxable service, and such taxable service shall be treated as if the recipient had himself provided the service in India, and accordingly all the provisions of this Chapter shall apply: Provided that where the recipient of the service is an individual and such service received by him is otherwise than for the purpose of use in any business or commerce, the provisions of this sub-section shall not apply: Provided further that where the provider of the service has his business establishment both in that country and elsewhere, the country, where the establishment of the provider of service directly concerned with the provision of service is located, shall be treated as the country from which the service is provided or to be provided. (2) Where a person is carrying on a busin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by cheque, credit card, deduction from account and any form of payment by issue of credit notes or debit notes and book adjustment.'; (E) in section 73,- (a) after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Chapter or the rules made thereunder, with intent to evade payment of service tax, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, such person or agent may pay service tax in full or in part as may be accepted by him, and the interest payable thereon under section 75 and penalty equal to twenty- five per cent. of the service tax specified in the notice or the service tax so accepted by such person within thirty days of the receipt of the notice."; (b) in sub-section (2), the following provisos shall be inserted, namely:- "Provided that where such person has paid the service tax in full together with interest and penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount is left after the adjustment under sub-section (5), such amount shall either be credited to the Consumer Welfare Fund referred to in section 12C of the Central Excise Act, 1944(1 of 1944) or, as the case may be, refunded to the person who has borne the incidence of such amount, in accordance with the provisions of section 11B of the said Act and such person may make an application under that section in such cases within six months from the date of the public notice to be issued by the Central Excise Officer for the refund of such surplus amount. 73B. Interest on amount collected in excess - Where an amount has been collected in excess of the tax assessed or determined and paid for any taxable service under this Chapter or the rules made thereunder from the recipient of such service, the person who is liable to pay such amount as determined under sub-section (4) of section 73A, shall, in addition to the amount, be liable to pay interest at such rate not below ten per cent. and not exceeding twenty-four per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette, from the first day of the month succeeding the month in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment is of the opinion that it is necessary or expedient in the public interest to publish the name of any person and any other particulars relating to any proceedings under this Chapter in respect of such person, it may cause to be published such names and particulars in such manner as may be prescribed. (2) No publication under this section shall be made in relation to any penalty imposed under this Chapter until the time for presenting an appeal to the Commissioner (Appeals) under section 85 or the Appellate Tribunal under section 86, as the case may be, has expired without an appeal having been presented or the appeal, if presented, has been disposed of. Explanation - In the case of a firm, company or other association of persons, the names of the partners of the firm, directors, managing agents, secretaries and treasurers or managers of the company, or the members of the association, as the case may be, shall also be published if, in the opinion of the Central Government, circumstances of the case justify it."; (G) for section 76, the following section shall be substituted, namely:- "76. Penalty for failure to pay service tax - Any person, liable to pay service t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss than that amount; (ii) every person to whom a notice is issued under this section shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary to produce any pass book, deposit receipt, policy or any other document for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule, practice or requirement to the contrary; (iii) in a case where the person to whom a notice under this section is sent, fails to make the payment in pursuance thereof to the Central Government, he shall be deemed to be an assessee in default in respect of the amount specified in the notice and all the consequences of this Chapter shall follow; (c) the Central Excise Officer may, on an authorisation by the Commissioner of Central Excise, in accordance with the rules made in this behalf, distrain any movable or immovable property belonging to or under the control of such person, and detain the same until the amount payable is paid; and in case, any part of the said amount payable or of the cost of the distress or keeping of the property, remains ..... 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