Brand Promotion Activity for Goods, Services or Events [Sec 65(105)(zzzzq)] |
Effective upto 30th June, 2012 |
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INTRODUCED : With Effect From 1st July 2010 |
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Accounting Code |
Service Tax |
00440604 |
Interest |
00440605 |
Penalty |
00441473 |
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DEFINITION: |
According to Section 65 (105) (zzzzq) taxable service means any service provided or to be provided to any person, by any other person, through a business entity or otherwise, under a contract for promotion or marketing of a brand of goods, service, event or endorsement of name, including a trade name, logo or house mark of a business entity by appearing in advertisement and promotional event or carrying out any promotional activity for such goods, service or event.
Rolex Replica Explanation. - For the purposes of this sub-clause, “brand” includes symbol, monogram, label, signature or invented words which indicate connection with the said goods, service, event or business entity.
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SCOPE: |
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Commercial advertisement has taken different shapes and forms. Apart from the advertisements in print and visual media and sponsorship, one of the recent trends is to advertise a brand (i.e. of goods, services, events, business houses bearing a particular brand name or house name) usually by using a celebrity (such as sportsperson, film stars, etc.) to associate him / her with the brand. The intended impression that is created in the minds of customers or users is that the products and services of that brand have the level of excellence comparable to that of the celebrity. Unlike in case of advertisements using models, a brand ambassador works under a contract of a reasonably long period, where under he is not only required to advertise the goods or service in different media but also to attend promotional, product launching events, make appearances in public activities related to the brand or the brand holder or use such goods or services in public. The contractual amounts are substantial and it may not only involve an individual celebrity but a group of celebrities such as a cricket team or the actors of a successful film.
It is important to note that promotion or marketing of sale of goods produced, provided or belonging to a client and promotion or marketing of services provided by the client are already covered under Business Auxiliary Services (BAS). Such activities would continue to remain classified under BAS. The difference between the services classifiable under BAS and the newly proposed service is that the latter has a wider coverage in the sense that mere promotion of a brand would attract tax under this service even if such promotions cannot be directly linked to promotion of a particular product or service. Many companies / corporate houses (for example Sahara, ITC or Tatas) are associated with a range of activities including production / marketing / sale of goods, provision of services, holding of events, undertaking social activities etc. If the brand name / house mark etc. is promoted by a celebrity without reference to any specific product or services etc., it is difficult to classify it under BAS. Such activities, like mere establishing goodwill or adding value to a brand would fall under this newly introduced service.
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Rolex Submariner Replica |
SERVICE TAX EXEMPTIONS: |
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(a) Small service providers whose aggregate value of taxable services rendered in the previous year has not exceeded the limit of Rs. 10,00,000/- (Service Tax Notification No. 8/2008-ST dated 01.03.2008)
(b) Services provided to the United Nations or International Organisations
(c) Services provided to Special Economic Zones (SEZ) units (including unit under construction) and SEZ developers
(d) Services which are exported as per ‘Export of Services’ Rules
(e) Services provided for official or personal use of foreign diplomatic missions and family members of diplomatic missions.
(f) Services provided by Reserve Bank of India
(g) Out of total value of service provided proportionate value of goods and material provided by the Service Provider
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RELEVANT SERVICE TAX NOTIFICATION |
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Service Tax Notification No. 24/2010-S.T., dated 22-06-2010
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RELEVANT SERVICE TAX CIRCULARS/INSTRUCTIONS/TRADE NOTICES: |
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CBEC Instruction Letter D.O.F. No.334/1/2010-TRU, dated 26-02-2010 |
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Case Laws Related |
STO 2013 CESTAT 472
Brand Promotion Service: Business Auxiliary Service : Period 01.04.2010 to 31.03.2011: No income received by appellant during the period: Board Circular states Brand Promotion taxable from 2010: Pre deposit waived. |
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