Service tax on Commission

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 November 2010 Our company is a 100 % EOU. we has engaged an agent in europe to canvas customers on bahalf of us and we are paying commission to the party. My query is whether we has to pay service tax on sales commission. If so please quote the section/ rule in service tax regarding the same.

tarun goel

tarun goel (Expert)
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06 November 2010 yes, under section 66A read with Rule 2(1)(d)(iv) of service tax Rules and Rule 3 of service tax( service provided from outside) rules. study these rules properly, you will get your answer.

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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06 November 2010 Taxable service rendered by a citizen other than india as an agent of a citizen of india residing in india or to a compnay which is incorporated in india,

this transaction will be treated straightway import of service, and will be taxable.