Chartered Accountant
1948 Points
Joined October 2012
In the first case, since agent being service provider is in J&K, the place of provision is outside taxable territory (Rule 9) and not subject to service tax and hence, no liability under RCM.
In the second case, the place of provision would be service receiver (your) location being in India, place of provision would be in taxable teritorry and subject to service tax under RCM - you could discharge ST liability and avail credit on payment. Ref 30/2012-ST, Rule 4(7) CCR). Pls notein case of training where physical presence are required, then POP would be the location of training.