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Issue ID : 108210
- 0 -

Aggregator service

Date 07 Mar 2015
Replies5 Answers
Views 4056 Views
Asked By

DEAR SIR,

PLEASE EXPLAIN REGARDING Aggregator service BASICALLY WHICH TYPE OF SERVICE WILL IT BE AS PER NOTIFICATION 05/2015 ST. INCLUSION OF NEW SERVICE UNDER REVERSE CHARGE MECHANISM SERVICES.PLS EXPLAIN,THANKS and REGARDS.

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Replied on Mar 7, 2015
1.

Rule 2(1)(aa) as inserted vide Notification No. 5/2015-Service TAx, dated 01.03.2015 defines the term 'aggregator' as 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.

Rule 2(1)(bca) defines the term 'brand name or trade name' as a brand name or a trade name, whether registered or not, that is to say, a name of a mark, such as an invented word or writing, or a symbol, monogram, logo, label, signature, which is used for the purpose of indicating or so as to indicate the connection, in the course of trade, between a service and some person using the name or mark with or without any indication of the identify of that person.

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Replied on Mar 7, 2015
2. Dear Sir,Thanks for the reply but can you please give me some examples of such service.
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Replied on Mar 7, 2015
3.

I will try.

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Replied on Mar 8, 2015
4.

Sir,

A new concept of aggregator has been introduced to facilitate easy collection of service tax from a single platform in case of online services provided by such aggregators.

For example, www.cleartrip.com connects various airliners, hotels, etc with potential customers. For the value of services provided by the airliners, etc, the aggregator is required to pay service tax if the aggregator's webpage was used to connect the service provider and the service recipient. But for this model, the airliners were required to pay service tax on their services provided now.

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Replied on Mar 10, 2015
5.

There are two ingredients in the service of "aggregator": (I) he connects customers to the service providers; and (ii) the service is provided under his brand name.

Thus, cleartrip is not an aggregator. But Ola Cabs or Uber cabs are aggregators. The cabs are actually owned by the drivers, and the brand owner only connects us to the available cabs. But the service is provided under the aggregator's, i.e. Ola / Uber's brand name.

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