Reverse charge

This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
10 May 2012 There is an educational institution (with the main object of education) which on the direction of MHRD, Govt. of India has setup a National Library. Grant in Aid received from GOI and fixed annual contribution towards cost of procurement of online journals or subscriptions received from other member institutes.

For procuring those online journals / subscriptions the institute is paying to foreign vendor’s amount in foreign currency.

Now my question is whether service tax will be applicable under the reverse charge.

10 May 2012 Dear Author,

you are liable to pay service tax on reverse charge basis, there is no exemption available to such organisation under reverse charge mechanism.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
10 May 2012 But Sir, As per Taxation of Services (Provided from Outside India and Received In India) Rule, 2006, Online Information and Database Access And / or Retrieval Services are covered in such rules, if the following two conditions are satisfied:

(a) Such taxable services are received by a recipient located in India
(b) Such taxable services are for use in relation to business or commerce.

And in this case the above said is used for education

10 May 2012 This provision is not applicable in case of individuals who have received such service other than for the purpose of use in business or commerce

It is exempt only if it is availed for personal purpose and that too by an individual.
In your case, it is an educational institution. Accordingly, you are liable for ST.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
10 May 2012 Individual is no where mentioned in the abovesaid rule

10 May 2012 Please read clause no.7.1 of the link

https://www.servicetax.gov.in/st-proc-home.htm


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details