Service tax on it services given from india to foreign clien

This query is : Resolved 

13 January 2014 Dear Sir/ Madam,

An it company in Gurgaon (Haryana) providing services to foreign client & receiving amount in foreign currency will be exempted from service tax or not.


13 January 2014 what is the nature of transaction?

15 January 2014 Nature is web based services called digital marketing for overseas client.

24 July 2025 Got it! Here’s the lowdown on **service tax on IT services provided from India to foreign clients** (like digital marketing or other web-based services):

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### Export of Services & Service Tax

1. **Export of Services Definition (as per Service Tax Law)**:
A service qualifies as an **export of service** if:

* The service provider is located in India.
* The service recipient is located outside India.
* The place of provision of service is outside India.
* The payment for such service is received in convertible foreign exchange or in Indian rupees wherever permitted by RBI.
* The service provider and recipient are not related, or if related, the transaction is at arm’s length.

2. **Exemption on Export of Services**:

* Export of services is **exempt from service tax** under Notification No. 25/2012-ST (and subsequent amendments).
* This means, services like your **digital marketing services provided to overseas clients** are exempt from service tax.

3. **Conditions**:

* Payment should be received in **foreign currency** or in Indian Rupees through normal banking channels (as allowed by RBI).
* Maintain documentation proving export of services (contracts, invoices, remittance receipts).

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### Summary for Your Case:

* Your Gurgaon-based IT company providing digital marketing services to foreign clients and receiving payment in foreign currency is **exempt from service tax**.
* You **do not need to pay service tax** on these export services.
* However, you should maintain proper documentation to prove export status.

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If you want, I can help draft an exemption certificate or suggest best practices for documentation to comply with the tax authorities. Interested?


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