Service provided to a non-resident
This query is : Resolved
28 May 2015
sir,
if a service provider provide a service to non resident for developing software, the amount received from that non resident is taxable under service tax act. please answer my query as soon as possible.
if a service provider provide a service to non resident for developing software, the amount received from that non resident is taxable under service tax act. please answer my query as soon as possible.
Shreyas Sangoi
(Expert)
29 May 2015
Thasneem,
It is not necessary that Service tax would be applicable. The applicability of Service tax would depend upon the type of software that is developed and the mode through which it is developed and sent to the non-resident.
In a very simple case of developing software a customized software via internet, Service tax may not be applicable (as in terms of Rule 3 of POPS, the place of service recipient, would be the place of provision of service, which is outside India).
It is not necessary that Service tax would be applicable. The applicability of Service tax would depend upon the type of software that is developed and the mode through which it is developed and sent to the non-resident.
In a very simple case of developing software a customized software via internet, Service tax may not be applicable (as in terms of Rule 3 of POPS, the place of service recipient, would be the place of provision of service, which is outside India).
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