Suppose Mr A hires Taxi from UBER Company through Mobile App
UBER Company sends a car from Raju Taxi Service to Mr A
Here
Mr Raju Taxi Service is Service provider
Mr A is Service Provider and
UBER is Called Aggregator
With effect from 1/3/2015, the Aggregator UBER is liable to pay Service tax even though he is not service provider or service receiver
Notification No. 5/2015 ST dated 01.03.2015
Aggregator means a person, who owns and manages a web based software
application, and by means of the application and a communication device, enables
a potential customer to connect with persons providing service of a particular kind under the brand name or trade name of the aggregator
What is Brand Name?
Brand name or trade means a brand name or a trade name whether registered or
not, that is to say, a name or a mark, such as an
invented word or writing
symbol
Monogra,
Label
Signature
which is used for the purpose of indicating, or so as to indicate a connection, in the
course of trade, between a service and some person using the name or mark with or
without any indication of the identity of that person”
Who is liable to Pay Service Tax
Case |
Who is liable to pay Service Tax |
Aggregator located in India |
Aggregator |
Aggregator does not have physical presence in the taxable Territory but has representative in India |
Person representing the Aggregator |
Aggregator does not have Physical presence And Does not have representative in India
|
Aggregator has to appoint a person to pay service tax And Such person so appointed shall be liable to pays service tax |