sir, if export of services on account of principal to principal basis i.e parent company [ Mumbai to Singapore] then those ITC utilised under services can apply for Refund under export of services without payment of tax. please guide me
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Quick Summary
This discussion clarifies the eligibility for ITC refunds on exported software services. It explains that if services are provided on a principal-to-principal basis, and the supplier and recipient are distinct persons located in different countries, it generally qualifies as an export. However, a crucial point is made that if the parent company and its overseas branch are considered the same legal entity ('establishment of distinct person'), the fifth condition for a refund is not met, making the refund ineligible.
It cannot be said that the appellant has provided intermediary service due to providing of services on principal to principal basis. So refund is eligible.
if you want refund for export of services 5 conditions needs to be satisfied 1) supplier of service located in india 2) recipient of service located outside india 3) place of supply of service must be outside india 4)payment should be received in convertible foreign exchange 5) There should not be a mere establishment of distinct person you failed 5th condition so refund is not eligible contact: mrgstconsultancy @ gmail.com for queries