Indian firm provides service to foreign company

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

02 September 2014 my client is a proprietor & he provides installation services to an American company... Place where service has been provided is America.
Is he required to pay service tax if he goes to America & provides service in America itself...
what will be the treatment if foreign company has a registered office in India to......

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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02 September 2014 Service tax not payable for services rendered in America. Even they have office in India it is not payable.

Querist : Anonymous

Querist : Anonymous (Querist)

03 September 2014 Dear sir,
I welcome your suggestion. Can u please do me a favor by sending me the appropriate link.
It would help me to explain my client in depth.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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03 September 2014 www.kpmg.com/.../services/Tax/.../Service-tax-on-services-received-and...
Mar 13, 2014

Querist : Anonymous

Querist : Anonymous (Querist)

03 September 2014 Dear Sir,
I would further like to clear that my client is a proprietorship firm & they have no foreign branch in america or any other country.
my client personally went to america & provided installation services.
He received payment of $100000/- inclusive of all the taxes.
sir please do the needful...

Querist : Anonymous

Querist : Anonymous (Querist)

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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04 September 2014 Please go through the requirement for charge of service tax. Service provided outside taxable territory not covered.

Important requirements for charge of Service tax:

Charge on all services [defined u/s 6B(44)], other than Negative list,

Service provided or agreed to be provided,

Service should be in the taxable territory (as determined under The Place of Provision of Service Rules, 2012)

Service by one person to another.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 September 2014 Thanx sir.....I m going through it.....& would let u know my further query...till then thanx