21 May 2009
I want to know that if in case of a foreign company providing off shore services from outside india and the payment in foreign currency is sent by the service receiver to foreign country only from where the services are rendered by the service provider. As per rule of reverse charge mechanism the service tax liability on said services is to be borne and paid by service receiver. If service provider opens a project office in India and gets service tax registration for Project office in India. Although project office will not be a part of off shore services provided by foreign parent company, but is there any provision under which servcie receiver can deny the payment of service tax under reverse charge mechanish and service provider have to pay the entire liability on off shore services.
Please let me know what can be the solution and advise the related provisions.