Service tax nri
This query is : Resolved
SHREYAS KOTECHA
(Querist)
18 June 2016
Dear Sir/Mam.
We are having a NRI Client. He has rented his property and earning renting Income. Property situated in India .
My query is
1) Is it known as an Import of Service by a Tenant or it falls under regular provision of service tax ?
2) In service tax laws, if we have not raised Invoices for Past period where we have earned Rent income can we raise Debit note or supplementary invoice in Current year for Past period ?
3) Can Input service credit can be taken by the tenant for the past period by providing him with such debit note or supplementary invoices in Current year ?
We are having a NRI Client. He has rented his property and earning renting Income. Property situated in India .
My query is
1) Is it known as an Import of Service by a Tenant or it falls under regular provision of service tax ?
2) In service tax laws, if we have not raised Invoices for Past period where we have earned Rent income can we raise Debit note or supplementary invoice in Current year for Past period ?
3) Can Input service credit can be taken by the tenant for the past period by providing him with such debit note or supplementary invoices in Current year ?
CA R SEETHARAMAN
(Expert)
18 June 2016
Service tax applicable only on renting of commercial property.
1 Not an import of service as the property is available in India. As the service provider is outside India RCM applicable here and the service receiver is liable to pay service tax.
2 Raise supplementary invoice in current year for past period.
3 Input credit can be taken time limit is one year.
1 Not an import of service as the property is available in India. As the service provider is outside India RCM applicable here and the service receiver is liable to pay service tax.
2 Raise supplementary invoice in current year for past period.
3 Input credit can be taken time limit is one year.
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SHREYAS KOTECHA
(Querist)
20 June 2016
Thank you so much Sir for answer
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