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Discussion > Service Tax > Queries >

Applicability of service tax

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Company Secretary

[ Scorecard : 25]
Posted On 16 July 2012 at 13:07 Report Abuse

I have a query regarding charging of service tax. my query is as below-

my client is situated in New Delhi and raise an invoice to the Head office of his client (Situated in Gurgaon)
but the goods and services are supplied at its another branch office (situated in Jammu and Kashmir).

So please guide me
Q.1. Is the Service tax is to be charge on this billing?
Q.2. Is it necessary to mention in invoice that the service is to be provide in J&K?
Q.3. Is any separate Agreement or written undertaking is required form service recipient?

Please provide the answer as soon as possible and mention any decided case law if any.
Thanks in advance.



Ajit kumar Dubey
Taxation Manager

[ Scorecard : 629]
Posted On 17 July 2012 at 16:12

If the service is provided in J&K area then no service tax is to be paid by the service provider as an export of service under Rule 6A of Service Tax Rules 1994, provided that the service provided is not in the course of intermediaries.



nuli swami ayyappa
student

[ Scorecard : 104]
Posted On 21 July 2012 at 11:52

AS SERVICE TAX IS DESTINATION BASED CONSUMPTION TAX,IN THE GIVEN CASE IF SERVICES  ARE CONSUMED IN JAMMU AND KASHMIR,NO SERVICE TAX IS APPLICABLE.

IF U PROVIDE SERVICES IN JAMMU AND KASHMIR AND IF SUCH PERSON CONSUMED OUT SIDE JAMMU AND KASHMIR THEN SERVICE TAX IS APPLICABLE



Vikash Gupta
Company Secretary

[ Scorecard : 25]
Posted On 21 July 2012 at 12:08

Thanx Mr. Ajit Kumar Dubey andnuli swami ayyappa for your post....

As I Know Rule 8 of Place of provision of Service Rules, 2012 will apply according to which-

Place of provision of services where provider and recipient are located in taxable territory.-

Place of provision of a service, where the location of the provider of service as well as that of the recipient of service is in the taxable territory, shall be the location of the recipient of service.

According to this rule If Head Office makes the Payment in respect of Services rendered in Branch (J&K) then Head office  (Gurgaon) is to be treated as the receipent of service.
Hence, Service Tax should be levy.
Further Views are required...
 
Thanks & Regards-
CS Vikash Gupta
 

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