Service tax on Commission earned on sale/purchase of goods

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This query is : Resolved

Neeraj (Querist)

28 September 2009 Dear Member

I have query regarding service tax on commission earned on sale & purchase of Goods (Non agri produce).

Breif Detail :
A person (Resident Indian) is getting commission on sale of goods (Non Agri Produce) or arrangement of such sale of goods (Non agri produce) in india without taking possession of goods in his name from the foreign entity.

In the year 2003 a notification issued which exempt the said service from the service tax perview but there is some change maid by the goverment in the year 2004. after that it is applicble only to agri produce only.

So i want to know about Whether the assessee is liable to pay any service tax, if yes then please mention the notification or circular reference also.

Please clarify the issue as soon as possible.

Thanks & Regards

Madhukar N Hiregange

Madhukar N Hiregange (Expert)

03 October 2009 My understanding is that the Tribunal as well as the Circular clarifying the same are clear that the marketrign services provided to companies outside India is an export as long as the consideration is recived in CFE>

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