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Finance ministry may withdraw service tax imposed on use of foreign telecom networks

16 Dec 2011 Evaluate

The government is set to pull out a four month old directive that imposed service tax on use of foreign telecom networks as the order dealt a blow to the cash flows of information technology (IT) and IT-enable services and telecom companies. The order mandated them to pay not just taxes dues but also interest for the past period running into crores of rupee.

A finance ministry official said, “we have reviewed the circular... it is being withdrawn.” He further added, “'a directive to this effect may be issued soon.” The tax also could have had an adverse impact as it would have led to an increase in international telephony charges for domestic consumers. The circular issued in August had said that, “receiving international private leased circuit (IPLC) service from abroad is chargeable to service tax under business support service.”

Most of the companies in these sector lease foreign network to provide services in overseas. Leased circuits are covered under telecom services. However, according to the Finance Act, a telecom service has to be given by a person with a license in India, and since the service provider is located in India, he may not be a taxed under the telecom services head.

However, according to the circular, the service may not be taxed as a telecommunication service. But it was still liable to tax under business support service. The withdrawal of the directive follows intense lobbying by industry bodies like NASSCOM. The industry has welcomed the move of the government, as several experts have the view that the circular on IPLC was not good as it creates an aberration in the classification of services.

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