Indian Service Tax
On-Line Information And Database Access and/or Retrieval
Effective Date: 16/07/2001
Authority: Notification No. 4/2001-ST, dt. 9/7/2001 (for full text of Notification see under Broadcasting).
Rate of Service Tax: 8% from 14/5/2003-" (5% upto 13-5-2003). 10% from 10/9/2004 - Cess 2% of 10% = 0.2. Total ST = 10.2%.
Definition: "on-line information and database access or retrieval" means providing data or information, retrievable or otherwise, to a customer, in electronic form through a computer network, [Section 65(75)]
Taxable service: On line information and database access or retrieval service or both in electronic form through computer network in any manner provided by a commercial concern to a customer.
Value of taxable service: Gross amount charged from the customer.
Exemptions
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E-Commerce transactions
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Interconnection charges paid by one ISP to another ISP
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Cyber Cafe - ENo. B-II/I/2000-TRU, dt. 9/7/2001 - Annexure IV
Person liable to pay: Commercial concern.
Head. of Account
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Main text of Departmental Clrcular/TN
[Ministry's ENo. B.II/I/2000-TRU dated 9/7/2001 - Annexure IV]
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As per Section 65(19)*, 1994, the term "On-line information and data base access or retrieval" means providing data or information, retrievable or otherwise, to a customer in electronic form through a computer network. The words "Data', "Information", "electronic form" and "computer .network" have the same meanings assigned to them in the Information Technology Act, 2000. As per Section 65(72)(zh). taxable service means any service provided to a customer, by a commercial concem, in relation to on-line information and database access or retrieval or both in electronic form.
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The definitions given in the Information Technology Act, 2000 are as follows:
"Data" means a representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network, and may be in any form (including computer printouts, magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of a computer.
"Information" includes data, text, images, sound voice, codes, computer programmes, software and data bases or micro film or computer generated micro fiche.
"Electronic form" with reference to information means any information generated, sent, received or stored in media, magnetic, optical computer memory, microfilm, computer generated microfiche or similar device.
"Computer network" means the interconnection of one or more computers through -
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The use of satellite, microwave, terrestrial line or other communication media and
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Terminals or a complex consisting of two or more interconnected computers whether or not the interconnection is continuously maintained.
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In the context of this service, it may be relevant to point out the manner in which on-line information and database access/retrieval is generally made available. First, the function of what is commonly known as Internet Service Providers (ISPs). The ISPs provide telecommunication network or gateways necessary to access messages and databases and other information holdings of content providers. The second element is on-line information provision services which includes database services, provision of information on web-sites, provision-of on-line data retrieval services from data bases and other information, to all or limited number of users and provision of on-line information by content providers.
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Internet service providers (ISPs) provide access to the web-sites through the computer network and the web-sites. Web-sites, in turn, provide the database or information. Some of the well-known ISPs operating in India are VSNL, MTNL, Satyam on-line, Bharti, Tata, RPG, HC1.-, Wipro, BPL, Mantra online, Dishnet. They normally charge the customers on the basis of usage of time
(hours)They also provide dedicated lease lines on lump-sum payment basis. Clearly ISPs provide service in relation to on-line information and database access or retrieval. They are an integral part of the internet operations and without their service, the data or information can neither be accessed nor retrieved. They are, therefore, liable to pay service tax on the amount charged from the customers whether on usage time basis or on lease line basis.
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As regards paid web-sites, a few examples ofIndian dot com companies are, Indiainformer.com, CIIonline.com, who charge the customer for certain specific information contained in their website either in advance or credit basis. They shall be also liable to pay service tax on the paid services provided by them. It is obvious that where the information is supplied free of charge, no service tax is payable.
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Point for clarification:
A question has been raised as to whether e-commerce transactions (other than providing online information and data) are covered in the ambit of service tax. It is clarified that in e-commerce transactions, no service of online information and database access/retrieval is involved. Therefore, e-commerce transactions will not ordinarily be covered under the service tax net. Normally, the web sites do not charge .the surfers for information on sale of goods or services offered by them. If at all they do, service tax will be payable on the amount charged for providing the information.
Another point raised relates to applicability of service tax on interconnectivity services provided by one ISP to another and the charges recovered for such services. It is understood that this is done to interconnect various networks so as to reach the server where the information is stored. It is informed that interconnection of one ISP to another is a commercial and technical arrangement under which service providers connect their equipment, networks and services to enable their customers to have access to the data or information. Through this arrangement, it is the customer of an ISP who ultimately receives on-line information and database access and/or retrieval service. Service tax on the amount charged from him is payable. Therefore, interconnection charges paid by one ISP to another ISP are not liable to service tax.
A question has also been raised whether the cyber cafes will be subject to service tax. It is clarified that the cyber cafes provide only the infrastructure such as computer terminals and internet connection. It is the ISP or web-sites who provide on-line access or retrieval of information. Therefore, cyber cafes are not liable to ray service tax. Services provided by ISP to cyber cafe are taxable and the ISP will pay the tax on charges realised from the cyber cafe.
Internet telephony
Cir.No. 54/3/2003-ST, 21/4/2003
N.B.: For full text see under "Telephone Service".
Clarification
Point No.2
Is data processing service covered under the category of "on line information and data base access or retrieval or both in electronic form through computer network, in any manner" as provided in sub-section (zh) of S. 90?
Reply
Yes - The Chairperson clarified that the Data processing service is covered under the category of "on line information and Data base access or retrieval or both in electronic form through computer network in any manner" provided to a customer by any commercial concern, is a taxable service as per clause 90(zh) of Finance Act, 1994.
(Authority: RAC on 30/12/2002, Mumbai-II Commissionerate)
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