Foreign Agency Commission - liable for service tax
This query is : Resolved
S.RAVICHANDRAN
(Querist)
27 September 2007
We have received from Central Excise Department to pay Service tax for the foreign agency commission since 09.07.2004. Is there any exemption, concession for Exporters on that count? Please clarify urgently.
28 September 2007
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.
C.A.R.V.RAO
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.
C.A.R.V.RAO
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Ravikumar.G
(Expert)
10 October 2007
Thanks for your information sir
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