Service tax on foreign company
This query is : Resolved
26 May 2014
dear sir,
my client of india made a company in uk & he is going to provide service outstide india only & bring payment in india,whethe he is liable for sevice tax or not?
my client of india made a company in uk & he is going to provide service outstide india only & bring payment in india,whethe he is liable for sevice tax or not?
26 May 2014
Taxable territory has been defined in sub-section 52 of section 65B. It means the territory to which the provisions of Chapter V of the Finance Act, 1994 apply i.e. whole of India excluding the state of Jammu and Kashmir. “Non-taxable territory” is the territory other than the taxable territory.
The taxability of services or the charge of service tax has been specified in section 66B of the Act. To be a taxable a service should be –
• provided or agreed to be provided by a person to another
• in the taxable territory
• and should not be specified in the negative list.
Now the basic criteria for taxability - services should be provided in taxable territory - is not fulfilled and hence there is no Service Tax liability.
The taxability of services or the charge of service tax has been specified in section 66B of the Act. To be a taxable a service should be –
• provided or agreed to be provided by a person to another
• in the taxable territory
• and should not be specified in the negative list.
Now the basic criteria for taxability - services should be provided in taxable territory - is not fulfilled and hence there is no Service Tax liability.
Rupesh Jain
(Expert)
30 May 2014
no service tax not laibile due to service are provide outside india, service received also out of india.
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