Chapter V of Finance Act, 1994

1[Declared services.

     66E. The following shall constitute declared services, namely:––

           (a) renting of immovable property;

           (b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration is received after issuance of completion-certificate by the competent authority.

               Explanation.- For the purposes of this clause,-

                     (I) the expression “competent authority” means the Government or any authority authorized to issue completion certificate under any law for the time being in force and in case of nonrequirement of such certificate from such authority, from any of the following, namely:––

                            (A) architect registered with the Council of Architecture constituted under the Architects Act, 1972; (20 of 1972.) or

                            (B) chartered engineer registered with the Institution of Engineers (India); or

                            (C) licensed surveyor of the respective local body of the city or town or village or development or planning authority;

                     (II) the expression “construction” includes additions, alterations, replacements or remodeling of any existing civil structure;

           (c) temporary transfer or permitting the use or enjoyment of any intellectual property right;

           (d) development, design, programming, customisation, adaptation, upgradation, enhancement, implementation of information technology software;

           (e) agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act;

           (f) transfer of goods by way of hiring, leasing, licensing or in any such manner without transfer of right to use such goods;

           (g) activities in relation to delivery of goods on hire purchase or any system of payment by instalments;

           (h) service portion in the execution of a works contract;

           (i) service portion in an activity wherein goods, being food or any other article of human consumption or any drink (whether or not intoxicating) is supplied in any manner as a part of the activity.]

 

*****************

Notes:

  1. Inserted vide Finance Act, 2012 w.e.f. 1.7.2012