Export of service

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Supriya (Querist)
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03 August 2012 Dear Sir,
Please advise if service from my company (private limited company in India) to the holding company in Singapore (incorporated in Singapore) is covered under export of service after the introduction of new rules pertaining to export notified in June 2012.So will the service provided by the Indian entity to entity in Singapore be exempt from service tax in India
My concern is on item (f) as below :
RULE 6A. Export of services.- (1)
The provision of any service provided or agreed
to be provided shall be treated as export of service when,-
(a) the provider of service is located in the taxable territory ,
(b) the recipient of service is located outside India,
(c) the service is not a service specified in the section 66D of the Act,
(d) the place of provision of the service is outside India,
(e) the payment for such service has been received by the provider of service in
convertible foreign exchange, and
(f) the provider of service and recipient of service are not merely establishments of a
distinct person in accordance with item (b) of Explanation 2 of clause (44) of section
65B of the Act
Pls reply asap,its realy urgent ...thanks for your support !!!!!

Nilesh

Nilesh (Expert)
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04 August 2012 This clause is not applicable for you. This clause pertains to services by HO to Branch. Since you are Pvt ltd Co, your service could be classified as export subject to fulfilment of other conditions.

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Supriya

Supriya (Querist)
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07 August 2012 Please advise in the case where all other conditions are satisfied and it is qualified as export,do we still have to register under service tax and file a NIL return or it is not required.

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