Wether it amounts to import of service or not(complete).
This query is : Resolved
27 March 2018
Dear Expert,
my company's holding company is in US( incorporated outside India). Ours is a tech company, and we provide E platform for publishers who want to publish their work in e format. foreign holding company hires people outside India to provide services w.r.t marketing and advertisement by organizing e podiums, e book fairs etc. Service provider is an outside entity who bills our Holding company. Whatever revenue our holding company generates they send us back 80% of that, Similarly as per the Our US company also charges home company for the 80% of the expenditure incurred. ST auditor is of the opinion that we must pay service tax on 80% of the marketing and advertisement expenses our contention is that since there is no profit element involved when we are paying to our holding co. It is basically in the nature of reimbursement only Kindly advice.
Regards,
Ankur anand.
my company's holding company is in US( incorporated outside India). Ours is a tech company, and we provide E platform for publishers who want to publish their work in e format. foreign holding company hires people outside India to provide services w.r.t marketing and advertisement by organizing e podiums, e book fairs etc. Service provider is an outside entity who bills our Holding company. Whatever revenue our holding company generates they send us back 80% of that, Similarly as per the Our US company also charges home company for the 80% of the expenditure incurred. ST auditor is of the opinion that we must pay service tax on 80% of the marketing and advertisement expenses our contention is that since there is no profit element involved when we are paying to our holding co. It is basically in the nature of reimbursement only Kindly advice.
Regards,
Ankur anand.
28 March 2018
Service tax not applicable on pure agent (no profit element) reimbursement.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Taxable or Tax exempt
- CAPITAL GAIN BASE ON NOTIFICATION
- Form 140 tds
- TDS Deducted AY-2013-14 Not Reflected in 26as
- ADVANCE PAYMENT OF ADVOCATE
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- NRI starting business in India
- Demand Outstanding AY 2013-14 TDS Deducted not shown in 26as
- CREDIT NOTES WITHOUT GST
- UNWANTED CREDIT BALANCE OF GST AS PER BOOKS
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
