What is place of provision of service??

Darshan Dodiya (Student CA Final ) (392 Points)

23 June 2013  

Hello sir,

My querry is regarding place of provision of service in following transactiion?

"Mr. X has purchase a machine from A ltd. based in US with one year free maintenance clause.

When the machine need to be repaired within one year, Mr. X sends it to US to A ltd. for repair considering free maintenance clause. A ltd in turn sends it to  Y ltd. located in India for repairing to be performed by Y ltd. The payment for this repairing work will be made by A ltd. the supplier of machine.

My question is what will be the point of taxation in this case??

If A ltd. recovers the charges from Mr. X then would the answer differ??