SERVICE TAX ON AESTHETIC SURGERY
Introduced
in the Finance (No. 2) Bill, 2009 which was approved in the Lok Sabha on
the 6th July, 2009, Clause 112 of the Finance (No. 2) Bill
2009 covers all the changes relating to Chapter V of Finance Act, 1994.
Cosmetic & Plastic Surgery
Service:
Cosmetic &
plastic surgery services provided or to be provided by any person to any
other person are proposed to be subjected to service
tax under section 65(105)(zzzzk).
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Beauty treatment
service provided by saloons, beauty parlors and
beauticians are taxable since 2002. The service
now proposed to be taxed is cosmetic surgery and plastic surgery
undertaken to preserve or enhance physical appearance or beauty. As per
common definition, surgery is a medical technology consisting of a
physical intervention on tissues. As a general rule, a procedure is
considered surgical when it involves cutting of a patient’s tissues or
closure of a previously sustained wound. Commonly surgery is performed
in a sterile environment with anesthesia and antiseptic conditions using
surgical instruments. It also includes ‘non-invasive’ surgery.
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Some of the commonly known
aesthetic/cosmetic surgeries are abdominoplasty (tummy tuck);
bletharoplasty (eyelid surgery); mammoplasty; buttock augmentation and
lift; rhinoplasty (reshaping of nose); otoplasty (ear surgery);
Rhytidectomy (face lift); liposuction (removal of fat from the body);
brow lift; cheek augmentation; facial implants; lip augmentation;
forehead lift; cosmetic dental surgery; orthodontics; aesthetic
dentistry; laser skin surfacing etc.
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However, any
reconstructive surgery undertaken to restore one’s appearance, anatomy
or bodily functions affected due to congenital defects, developmental
abnormalities, degenerative diseases, injury or trauma would be outside
the scope of this service. These processes could
be undertaken to correct impairment caused by burns, fractures or
congenital abnormalities like cleft lip etc.
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