effective date for paying ST on foreign agent commission
This query is : Resolved
martin george p
(Querist)
21 September 2009
we are an t shirts export company and pay foreign agent commission through bank transfer.
recently the audit people from service tax department informed us that the ST on foreign agent commission to be paid wef.09.07.2004. we check other sources to find the effective date is only 19.04.2006.
next point whether foreign bank charges deducted in euro on realisations comes under perview of service tax, if yes are we to pay of the indian banks are liable to pay that.
the auditors who came for audit are not clear on this matter. how can the department send such igonorant auditors
recently the audit people from service tax department informed us that the ST on foreign agent commission to be paid wef.09.07.2004. we check other sources to find the effective date is only 19.04.2006.
next point whether foreign bank charges deducted in euro on realisations comes under perview of service tax, if yes are we to pay of the indian banks are liable to pay that.
the auditors who came for audit are not clear on this matter. how can the department send such igonorant auditors
Ram Avtar Singh
(Expert)
21 September 2009
export of service is exempt under service tax vide notification no.56/5//2003-st-dt 25-4-2003.
From 15/3/2005 EXPORT OF SERVIE RULES ARE EFFECTIVE.HOWEVER VIDE CIRCULAR NO. 97/6/2007 DT.23/8/2007THE LIABILITY TO PAY SERVICE TAX IS SHIFTED TO SERVICE RECEIVER WHERE THE SERVICE IS PROVIDED TO A PERSON IN INDIA BY ANY PERSON FROM OUTSIDE INDIA.
IF YOU ARE MADE LIABLE BY THE DEPT. UNDER BUSINESS AUXILIARY SERVICE CATEGORY,PL. SEE THE INCLUSIONS AND EXCLUSIONS FOR TAXING THE SERVICE THREUNDER BECAUSE C&F AGENTS ETC.. ARE EXCLUDED FROM TAXABLE SERVICES.
From 15/3/2005 EXPORT OF SERVIE RULES ARE EFFECTIVE.HOWEVER VIDE CIRCULAR NO. 97/6/2007 DT.23/8/2007THE LIABILITY TO PAY SERVICE TAX IS SHIFTED TO SERVICE RECEIVER WHERE THE SERVICE IS PROVIDED TO A PERSON IN INDIA BY ANY PERSON FROM OUTSIDE INDIA.
IF YOU ARE MADE LIABLE BY THE DEPT. UNDER BUSINESS AUXILIARY SERVICE CATEGORY,PL. SEE THE INCLUSIONS AND EXCLUSIONS FOR TAXING THE SERVICE THREUNDER BECAUSE C&F AGENTS ETC.. ARE EXCLUDED FROM TAXABLE SERVICES.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Accounting treatment of AMC alongwith the purchase of Laptop
- Nursery business
- GST REFUND ISSUE ON PURCHASE OF PLANT AND MACHINERY
- Condonation Request sec 119(2) b -Enhancement Limit of Leave Exemption prior to AY 2023
- TDS on Dashcam rent and allied services
- ETDS return q4 25-26
- Tax on Amount transferred in HUF Account
- WRONG GSTR7 ENTRIES ACCEPTED ERRONEOUSLY
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
