Finance Act (Service Tax) 1994

*Section 96A : - Definitions.

In this Chapter, unless the context otherwise requires,

(a) "advance ruling" means the determination, by the Authority of a question of law or fact specified in the application regarding the liability to pay service tax in relation to a service proposed to be provided, by the applicant;

(b) **["applicant" means—

( i) ( a) a non-resident setting up a joint venture in India in collaboration with a non-resident

or a resident; or

( b) a resident setting up a joint venture in India in collaboration with a non-resident; or

( c) a wholly owned subsidiary Indian company, of which the holding company is a

foreign company,

who or which, as the case may be, proposes to undertake any business activity in India;

( ii) a joint venture in India; or

( iii) a resident falling within any such class or category of persons, as the Central

Government may, by notification in the Official Gazette, specify in this behalf, and which or who, as the case may be, makes application for advance ruling under subsection( 1) of section 96C;]

Refer to Notification No. 15/2014-ST Dated 11/07/2014

Refer to Notification No.9/2015-Service Tax, Dated 01/03/2015

¹ [Explanation.- For the purposes of this clause, “joint venture in India ” means a contractual arrangement whereby two or more persons undertake an economic activity which is subject to joint control and one or more of the participants or partners or equity holders is a non-resident having substantial interest in such arrangement;]

(c) "application" means an application made to the Authority under sub-section (1) of section 96C;

³[(d) “Authority” means the Authority for Advance Rulings as defined in clause (e) of section 28E of the Customs Act, 1962;]

²[(d) “Authority” means the Authority for Advance Rulings, constituted under sub-section (1), or authorised by the Central Government under sub-section (2A), of section 28F of the Customs Act, 1962.]

^Old[(d) "Authority" means the **[Authority for Advance Rulings (Central Excise, Customs and Service Tax)] constituted under section 28F of the Customs Act, 1962;]

(e) "non-resident", "Indian company" and "foreign company" have the meanings respectively assigned to them in clauses (30), (26) and (23A) of section 2 of the Income-tax Act, 1961;

(f) words and expressions used but not defined in this Chapter and defined in the Central Excise Act, 1944 or the rules made thereunder shall apply, so far as may be, in relation to service tax as they apply in relation to duty of excise.

*w.e.f. 14.5.2003

** Substitued w.e.f. 13.5.2005 by Finance Act, 2005

1. Changes vide Chapter V of the Finance Act 2007-08 w.e.f. enactment of Finance Bill

2. Substituted vide CHAPTER V of Finance Act, 2009-10

3 Substituted vide Chapter IV of Finance Bill, 2017