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Commision received from foriegn company

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(Querist)
24 June 2007 We are providing service to foreign co. for receiving orders from an Indian co. for which we are receiving payments in dollars as commission. Is this commission chargeable to service tax?
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Vasantha Kumar Reddy

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Vasantha Kumar Reddy (Expert)
26 June 2007 W.e.f 18.04.2006, a transaction falling under business Auxiliary Services shall be treated as export of service if the following conditions are satisfied
1. Receipient of Service is located outside india
2.Service is delivered and used outside india
3.the payment is received in convertible foreign exchange.
your services come under Business Auxiliary Services and the same will be treated as Export of Service and hence not taxable subject to the above conditions satisfied.
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