Export of Service
This query is : Resolved
01 May 2016
An Indian company say Bombay Pvt Ltd is providing some services to a foreign company say New York LLC. These services are Online consultancy, updating software/website and changing the same as per the needs of New York LLC.
Bombay Pvt Ltd is earning foreign currency in India for its services.
All the staff of Bombay Pvt Ltd is operating from India.
Is this treated as Export of Services according to Point of Provision Rules. Should I collect Service Tax from the foreign client?
CA R SEETHARAMAN
(Expert)
01 May 2016
Yes it will be treated as export of service as per POP Rules and exempted from service tax.
01 May 2016
I read the POP rules and it states that the place of Service provider will be the Place of Provision and in my case place of Provision will be India which does not fulfill the condition for export of Service.
Sir can u please explain how it is export of service by POP rules.
CA R SEETHARAMAN
(Expert)
02 May 2016
As per Rule 3, place of provision of service is the place of service receiver.
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