| 
 2. Definitions In  these rules, unless the context otherwise requires,- (a)     “Act”  means the Finance Act, 1994 (32 of 1994); (b)     “account”  means an account bearing interest to the depositor, and includes a non-resident  external account and a non-resident ordinary account; (c)      “banking  company” has the meaning assigned to it in clause (a) of section 45A of the  Reserve Bank of India Act, 1934 (2 of 1934); (d)     “continuous  journey” means a journey for which a single or more than one ticket or invoice  is issued at the same time, either by one service provider or through one agent  acting on behalf of more than one service provider, and which involves no  stopover between any of the legs of the journey for which one or more separate  tickets or invoices are issued; (e)     “financial  institution” has the meaning assigned to it in clause (c) of section 45-I of  the Reserve Bank of India Act,1934 (2 of 1934); (f)       “intermediary”  means a broker, an agent  or any other person, by  whatever name called, who arranges or facilitates a provision of a service  (hereinafter called the ‘main’ service) or a supply of goods, between two or  more persons, but does not include a person who provides the main service or  supplies the goods on his account.; (g)     “leg  of journey” means a part of the journey that begins where passengers embark or  disembark the conveyance, or where it is stopped to allow for its servicing or  refueling, and ends where it is next stopped for any of those purposes; (h)  “location  of the service provider” means- (a).     where the service provider has obtained a single  registration, whether centralized or otherwise, the premises for which such  registration has been obtained; (b).   where  the service provider is not covered under sub-clause (a):      (i)  the location  of his business establishment; or     (ii)  where  the services are provided from a place other than the business establishment,  that is to say, a fixed establishment elsewhere, the location of such  establishment; or     (iii) where services are  provided from more than one establishment, whether business or fixed, the  establishment most directly concerned with the provision of the service; and    (iv) in  the absence of such places, the usual place of residence of the service  provider. (i)    “location  of the service receiver” means:- (a).   where  the recipient of service has obtained a single registration, whether centralized  or otherwise, the premises for which such registration has been obtained; (b).    where  the recipient of service is not covered under sub-clause (a): (i)       the  location of his business establishment; or (ii)      where  services are used at a place other than the business establishment, that is to  say, a fixed establishment elsewhere, the location of such establishment; or (iii)      where  services are used at more than one establishment, whether business or fixed, the  establishment most directly concerned with the use of the service; and (iv)      in  the absence of such places, the usual place of residence of the recipient of  service. Explanation:-.  For the purposes of clauses (h) and (i), “usual place of residence” in case  of a body corporate means the place where it is incorporated or otherwise  legally constituted. Explanation  2:-. For the purpose of clause (i), in the case of telecommunication service,  the usual place of residence shall be the billing address. (j)    “means  of transport” means any conveyance designed to transport goods or persons from  one place to another; (k)   “non-banking  financial company” means- (i)     a  financial institution which is a company; or (ii)    a  non-banking institution which is a company and which has as its principal  business the receiving of deposits, under any scheme or arrangement or in any  other manner, or lending in any manner; or (iii)   such  other non-banking institution or class of such institutions, as the Reserve Bank  of India may, with the previous approval of the Central Government and by  notification in the Official Gazette specify; (l)    “online  information and database access or retrieval services” has the same meaning as  assigned to it in clause (ccd) of sub-rule 1 of rule 2 of the Service Tax Rules,  1994; (m)  “person  liable to pay tax”  shall mean the person liable to pay  service tax under section 68 of the Act or under sub-clause (d) of sub-rule (1)  of rule 2 of the Service Tax Rules, 1994; (n)   “provided”  includes the expression “to be provided”; (o)  “received”  includes the expression “to be received”; (p)  “registration”  means the registration under rule 4 of the Service Tax Rules, 1994; (q)  “telecommunication  service” means service of any description (including electronic mail, voice  mail, data services, audio text services, video text services, radio paging and  cellular mobile telephone services) which is made available to users by means of  any transmission or reception of signs, signals, writing, images and sounds or  intelligence of any nature, by wire, radio, visual or other electro-magnetic  means but shall not include broadcasting and online information and database  access or retrieval services. (r)  words and expressions used in these rules and not defined, but defined in the  Act, shall have the meanings respectively assigned to them in the Act. |