Service tax on commission agent

This query is : Resolved

RUCHI (Querist)
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18 April 2016 I am working in a software development company, developing software for foreign clients.
Company have appointed a person who procure sale order by finding clients abroad for company and provide services outside India.

Can my appoint appoint him and show him as a sales agent and exempt from payment of service tax via Rule 9 of Place of Provision of servies.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 Service tax payable on such services(sales agent considered as intermediary) under 9(C) of place of provision of service rules.

RUCHI

RUCHI (Querist)
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18 April 2016 Thanks for the reply.
But major concern is that can we show him as an agent for company?
as person is just finding clients for company to improve sales of company

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 Selling agent is a person finding clients for company to improve sales.

RUCHI

RUCHI (Querist)
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18 April 2016 ok. Service tax is applicable on consultancy service provided by person working in abroad for indian client.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 Service tax payable under RCM for consultancy services provided by non resident person to client in India.

RUCHI

RUCHI (Querist)
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18 April 2016 But if services are received outside India and is also consumed outside India, then also reverse charge is applicable?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 No service tax/RCM applicable if services were received outside India and is also consumed outside India.

RUCHI

RUCHI (Querist)
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18 April 2016 what is the tds liability for consultancy services provided from outside india to indian client ?

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Service tax on commission agent

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