Service tax for services provided through a foreign company
Vijayakumar Kudur (Principal Consultant) (25 Points)
05 February 2014Vijayakumar Kudur (Principal Consultant) (25 Points)
05 February 2014
CA RAHUL PATEL
(PARTNER)
(57 Points)
Replied 05 February 2014
KCJM and Associates
(Chartered Accountants Firm)
(864 Points)
Replied 07 February 2014
As per Rule 3 of Place of Provision of Service Rules, 2012, the place of provision of a service shall be the location of recipient of service. Further, Rule 2(i) of Place of Provision of Service Rules, 2012 defines the location of service receiver as the location:
i. the location of his business establishment; or
ii.where services are used at a place other than the business establishment, that is to say, a fixed establishment elsewhere, the location of such establishment; or
iii.where services are used at more than one establishment, whether business or fixed, the establishment most directly concerned with the use of the service; and
iv.in the absence of such places, the usual place of residence of the recipient of service.
Therefore, in the present case, if you are providing services in India ie the recipient is in India, then the Place of Provision of Service shall be in taxable territory and so service tax shall be leviable on such amount of services.
Secondly, if you are providing services outside India i.e. the recipient is outside India, then the Place of Provision of Service shall be outside the taxable territory and further as you are receiving consideration in convertible foreign currency, the same can be considered as export of service on which service tax is not leviable.
If your turnover (Domestic and Export) exceeds the prescribed limit than, you need to file service tax return in which you can show your export turnover and claim exemption for the same.
Vijayakumar Kudur
(Principal Consultant)
(25 Points)
Replied 10 February 2014
Thanks for the response.
I agree that since the service is being provided in India, service is tax is payable.
However, in this case, the reciepient of the service has already paid the service tax & then paid the fees to the US company. US company has enaged me to provide the services on behalf of them. My question is, as the recipient has already paid the service tax, do i still need to pay the service tax again? Is it not double taxation?
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