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applicability of service tax

This query is : Resolved 
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(Querist)
26 March 2008 Dear Sirs
If a person Mr.Z sells machinery (ie capital goods) on behalf of a foreign company in India and earns commission income thereon from the foreign company in foreign currency, is he liable to pay service tax on the amount received. (He has not included service tax in the bill sent to the foreign company). Would the answer be different if he sells any other goods instead of capital goods.
Waiting for response asap.
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Dayal

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Dayal (Expert)
27 March 2008 Service peformed in India

Commission subject to service tax in India, Service tax applicable under Business Auxiliary Services
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