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Service tax on commission payable to foreign agent

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11 July 2012 Is service tax applicable on comission payable to foreign agent for service rendered wrt export of goods for a Manufacturing company exporting goods
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Suresh Mittal

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Suresh Mittal (Expert)
12 July 2012 As per Rule 3 of Place of provision of services, 2012, the place of provision of the services shall be the location of the service recipient. Since the service receiver(SR) is located in India (if not in J & K ), Service Tax will be applicable. Further it will be subject to Reverse Charge and the SR will have to pay the Tax directly and would be entitled for CENVAT Credit. However vide Notification No. 42/2012 exemption has been provided subject to fulfillment of certain conditions. Pls refer the said Notification.
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