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Government of India
Department of Revenue
Central Board of Excise & Customs New Delhi
Circular No. 193/03/2016-Service Tax
New Delhi, the 18th May, 2016
To
Principal Chief Commissioners of Customs and Central Excise(All)
Principal Chief Commissioners of Central Excise & Service Tax (All)
Principal Director Generals of Goods and Service Tax/System/CEI
Director General of Audit/Tax Payer Services,
Principal Commissioners/ Commissioners of Customs and Central Excise (All)
Principal Commissioners/Commissioners of Central Excise and Service Tax (All)
Principal Commissioners/Commissioners of Service Tax (All)
Principal Commissioners/Commissioners LTU/Central Excise/Service Tax
(Audit)
Madam/Sir,
Sub: Clarification regarding leviability of
service tax in respect of services
provided by arbitral tribunal and members of such tribunal -reg.
It has come to the notice of the Board that there is some confusion regarding
the
legal position with respect to continuance of reverse charge mechanism for
services
provided by arbitral tribunals and individual arbitrators on the arbitral
tribunal, with effect from 1.4.2016.
2.1
Services provided by an arbitral tribunal to (i) any person other than a
business
entity; or (ii) a business entity with a turnover up to rupees ten lakh in the
preceding
financial year, are exempt from services tax [Entry 6(a) of
Notification No.
25/2012 – ST
refers].
“Arbitral tribunal” has been assigned the same meaning in the exemption notification No. 25/2012 – ST [paragraph 2(c)] as in clause (d) of Section 2 of
the
Arbitration and Conciliation Act 1996, which is as follows:-
“arbitral tribunal means a sole arbitrator or a panel of arbitrators”
22.2
In the Budget 2016-17, the entry at (c) of Sl. No. 6 of
notification
No.25/2012-ST,
has been omitted with effect from 1.4.2016. It read as:
“Services provided by a person represented on an arbitral tribunal to an
arbitral
tribunal.”
33.
The matter has been examined. It may be noted that the services provided or
agreed to be provided by an arbitral tribunal to a business entity (turnover
exceeding Rs
10 lakh) located in the taxable territory, is taxable under reverse charge
mechanism and
recipient of service is liable to discharge service tax liability [Rule
2(d)(D)(I) of Service
Tax Rules, 1994 and
Notification No. 30/2012 – ST (Sl. No. 4) refer].
There is no change in the Budget 2016-17 with respect to the said provisions.
4. It could be argued that service provided by an arbitrator on the panel of
arbitrators, to the arbitral tribunal is taxable under forward charge. However,
this does
not appear to be a correct interpretation of law. Any reference in Service Tax
law to an
“arbitral tribunal” necessarily includes the natural persons on the arbitral
tribunal, by
virtue of clause (d) of Section 2 of the Arbitration and Conciliation Act, 1996.
Services
are provided or agreed to be provided by the panel of arbitrators, as comprising
the
several natural persons on the said panel, to the business entity or to the
arbitration
institution approached by the business entity for purposes of arbitration. The
liability to
discharge service tax is on the service recipient, if it is a business entity
located in the
taxable territory with a turnover exceeding rupees ten lakh in the preceding
financial
year.
5.
In view of the above, it is clarified that Service Tax liability for services
provided
by an arbitral tribunal (including the individual arbitrators of the tribunal)
shall be on
the service recipient if it is a business entity located in the taxable
territory with a
turnover exceeding rupees ten lakh in the preceding financial year.
6.
All concerned are requested to acknowledge the receipt of this circular.
7.
Trade Notice/ Public Notice to be issued.
Difficulty if any, in the implementation
of the circular should be brought to the notice of the Board. Hindi version
would follow.
Yours faithfully,
(Abhishek Verma)
Technical Officer (TRU)
F. No. 356/1/2016-TRU
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