Service tax on indian agent commission

This query is : Resolved

PK Srinivas (Querist)
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07 August 2015 DEAR PROFESSIONAL FRIENDS HI,

WE WISH TO INFORM YOU THAT WE ARE RENDERING OUR SERVICES TO OVERSEAS MANUFACTURERS FOR DEVELOPING THEIR BUSINESS IN INDIA. USUALLY WE GET OUR CHARGES FROM THE OVERSEAS MANUFACTURERS. WE FEEL UNDER THAT WE NEED NOT TO SUBMIT SERVICE TAX. IN SOME CASE IF WE PROVIDE THE SERVICES TO OUR OVERSEAS MANUFACTURERS FOR DEVELOPING THE BUSINESS IN INDIA, HOWEVER IF PAYMENTS ARE MADE BY AN INDIAN COMPANIES AFTER DEDUCTING COMMISSION FOR INDIAN AGENTS FROM THE PAYMENTS OF FOREIGN SUPPLIER AND MAKING THE PAYMENTS IN INR TO INDIAN AGWNT. PLEASE CLARIFY WHEATHER SERVICE TAX IS APPLIED ON THE SERVICES OR NOT. WE FEEL IT SHOULD NOT BECAUSE THE PROPORTIONATE PAYMENTS HAVE BEEN REDUCED FROM THE PAYMENTS OF FOREIGN SUPPLIER. PLEASE CLARIFY? PLS ALSO LET US KNOW WHAT CIRCULAR NO. IS TO BE REFERRED.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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07 August 2015 Service tax applicable as per place of provision of service rules 9(c).

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