Distributor of reliance recharge voucher


This query is : Resolved 

12 May 2014 Dear
please let me know applicability of service tax in case of a person engaged in trading activity of selling of recharge voucher/ coupon. As per mega notification no. 25/2012 DTD. 20.06.2012 exempted. but in case of commission income received Rs. 12.00 lacs and TDS is deducted u/s 194H. Whether commission income will be liable for ST in business auxiliary service.
PLEASE

Vidya Jain (Expert)
12 May 2014 Yaa, you will be required to pay service tax as commission income exceeds threshold limit

13 May 2014 Mam
Distributor is not providing any services and engaged in trading activity and exempted wholly from ST liability under mega notification. If commission income recd only is criteria then in all other cases like broker or an authorised person to a stock broker; authorised person to a member of a commodity exchange; mutual fund agent to a mutual fund or asset management company; distributor to a mutual fund or asset management company; all having commission income they also liable for ST. tHEN MEGA exemption not applicable in these case. please go through and check the exact position of legislature.

13 May 2014 You need to pay service tax on commission received by you.

Vidya Jain (Expert)
13 May 2014 Pradepji,

In my view, mutual fund, AMC etc are exepted vide specific exemption But, your case is not mentioned in the mega exemption list.

Thus, your activity is liable due to commision

14 May 2014 Vidyajainji
Please go sr. no.29(f)of mega notification where "selling agent or a distributer of SIM cards or recharge coupon vouchers" specifically mentioned. therefore fully exempt from ST in my view.

Vidya Jain (Expert)
14 May 2014 You are correct. Thanks


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