{"act":{"id":"finance-act-2016","short_title":"The Finance Act, 2016","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2016-2017.","act_number":null,"act_year":2016,"enact_date":"2016-06-27","enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":276,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2016/"},"unit":"section","section":{"number":"164","heading":"Definitions","text":"Definitions. 164. In this Chapter, unless the context otherwise requires,— (a) | \"Appellate Tribunal\" means the Appellate Tribunal constituted under section 252 of the Income-tax Act; (b) | \"Assessing Officer\" means the Income-tax Officer or Assistant Commissioner of Income-tax or Deputy Commissioner of Income-tax or Joint Commissioner of Income-tax or Additional Commissioner of Income-tax who is authorised by the Board to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Chapter; (c) | \"Board\" means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); [(ca) | \"e-commerce operator\" means a non-resident who owns, operates or manages digital or electronic facility or platform for online sale of goods or online provision of services or both; (cb) | \"e-commerce supply or services\" means— (i) | online sale of goods owned by the e-commerce operator; or (ii) | online provision of services provided by the e-commerce operator; or (iii) | online sale of goods or provision of services or both, facilitated by the e-commerce operator; or (iv) | any combination of activities listed in clause (i), (ii) or clause (iii);] [Explanation.—For the purposes of this clause, \"online sale of goods\" and \"online provision of services\" shall include one or more of the following online activities, namely:— (a) | acceptance of offer for sale; or (b) | placing of purchase order; or (c) | acceptance of the purchase order; or (d) | payment of consideration; or (e) | supply of goods or provision of services, partly or wholly;] (d) | \"equalisation levy\" means the tax leviable on consideration received or receivable for any specified service [ore-commerce supply or services] under the provisions of this Chapter; (e) | \"Income-tax Act\" means the Income-tax Act, 1961 (43 of 1961); (f) | \"online\" means a facility or service or right or benefit or access that is obtained through the internet or any other form of digital or telecommunication network; (g) | \"permanent establishment\" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on; (h) | \"prescribed\" means prescribed by rules made under this Chapter; (i) | \"specified service\" means online advertisement, any provision for digital advertising space or any other facility or service for the purpose of online advertisement and includes any other service as may be notified by the Central Government in this behalf; (j) | words and expressions used but not defined in this Chapter and defined in the Income-tax Act, or the rules made thereunder, shall have the meanings respectively assigned to them in that Act. 1. Inserted by the Finance Act, 2020 w.e.f.1-4-2020 1a. Inserted by the Finance Act, 2021, w.r.e.f. 1-4-2020. 2. Inserted by the Finance Act, 2020 w.e.f. 1-4-2020","html":"

Definitions.

164. In this Chapter, unless the context otherwise requires,—

(a)\"Appellate Tribunal\" means the Appellate Tribunal constituted under section 252 of the Income-tax Act;
(b)\"Assessing Officer\" means the Income-tax Officer or Assistant Commissioner of Income-tax or Deputy Commissioner of Income-tax or Joint Commissioner of Income-tax or Additional Commissioner of Income-tax who is authorised by the Board to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Chapter;
(c)\"Board\" means the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
[(ca)\"e-commerce operator\" means a non-resident who owns, operates or manages digital or electronic facility or platform for online sale of goods or online provision of services or both;
(cb)\"e-commerce supply or services\" means—
(i)online sale of goods owned by the e-commerce operator; or
(ii)online provision of services provided by the e-commerce operator; or
(iii)online sale of goods or provision of services or both, facilitated by the e-commerce operator; or
(iv)any combination of activities listed in clause (i), (ii) or clause (iii);]

[Explanation.—For the purposes of this clause, \"online sale of goods\" and \"online provision of services\" shall include one or more of the following online activities, namely:—

(a)acceptance of offer for sale; or
(b)placing of purchase order; or
(c)acceptance of the purchase order; or
(d)payment of consideration; or
(e)supply of goods or provision of services, partly or wholly;]
(d)\"equalisation levy\" means the tax leviable on consideration received or receivable for any specified service [ore-commerce supply or services] under the provisions of this Chapter;
(e)\"Income-tax Act\" means the Income-tax Act, 1961 (43 of 1961);
(f)\"online\" means a facility or service or right or benefit or access that is obtained through the internet or any other form of digital or telecommunication network;
(g)\"permanent establishment\" includes a fixed place of business through which the business of the enterprise is wholly or partly carried on;
(h)\"prescribed\" means prescribed by rules made under this Chapter;
(i)\"specified service\" means online advertisement, any provision for digital advertising space or any other facility or service for the purpose of online advertisement and includes any other service as may be notified by the Central Government in this behalf;
(j)words and expressions used but not defined in this Chapter and defined in the Income-tax Act, or the rules made thereunder, shall have the meanings respectively assigned to them in that Act.

1. Inserted by the Finance Act, 2020 w.e.f.1-4-2020

1a. Inserted by the Finance Act, 2021, w.r.e.f. 1-4-2020.

2. Inserted by the Finance Act, 2020 w.e.f. 1-4-2020

","words":468,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2016/section/164/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}