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        What is the meaning of aggregator? Who is liable in the case of aggregator? What will be if aggregator or any his representative does not have any physical presence in taxable territory?

        1 April, 2015

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        12 - Person Liable to Pay Service Tax

        W.e.f. 01/03/2015 vide notification 07/2015-ST, dated 1st march, 2015 , the concept of aggregator is introduced. As per Rule 2(1)(aa), “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.

        As per Rule 2(1)(d)(iAAA), "person liable for paying service tax " - In relation to service provided or agreed to be provided by a person involving an aggregator in any manner, the aggregator of the service. 

        Provided that if the aggregator does not have a physical presence in the taxable territory, any person representing the aggregator for any purpose in the taxable territory shall be liable for paying service tax.

        Provided further that if the aggregator does not have a physical presence or does not have a representative for any purpose in the taxable territory, the aggregator shall appoint a person in the taxable territory for the purpose of paying service tax and such person shall be liable for paying service tax.

        Aggregator liability: platform owners bear service tax responsibility, with representatives appointed if no taxable territory presence. An 'aggregator' is the owner manager of a web based application enabling customers to connect with service providers under the aggregator's brand; the aggregator is the person liable for paying service tax for services involving the aggregator. If the aggregator lacks physical presence in the taxable territory, a person representing the aggregator in that territory is liable; if there is neither presence nor representative, the aggregator must appoint a person in the territory who will be liable to pay service tax.
                    Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                      Provisions expressly mentioned in the judgment/order text.

                          Aggregator liability: platform owners bear service tax responsibility, with representatives appointed if no taxable territory presence.

                          An "aggregator" is the owner manager of a web based application enabling customers to connect with service providers under the aggregator's brand; the aggregator is the person liable for paying service tax for services involving the aggregator. If the aggregator lacks physical presence in the taxable territory, a person representing the aggregator in that territory is liable; if there is neither presence nor representative, the aggregator must appoint a person in the territory who will be liable to pay service tax.





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                          ActsIncome Tax
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