In india is there service tax for services provided overseas

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In india is there service tax for services provided overseas

 

one of my friend's brother have software development and website development company

 

major work come from UK

 

in here they have 5 - 6 people team

 

here company is proprietor

they are working programming , designing , back office and seo  

 

now the question is if turn over gone more then 10 lacks is this proprietor ship company have to pay service text on turnover which come from uk ?

 

for example total invoice is 1, 50,000 Rs  they will send every month yes invoice is in rs. Now uk company send this money vi bank what ever pound is equivalent to  1, 50,000 rs they will send

now is this company need to pay service tax for on turn over ?

 

 

 

 

 

Replies (3)

Dear Jay,

Mere software development service would fall under Rule 3 of the POPSR, 2012, hence the location of service recipient shall be seen. If it is outside India, then not taxable.

In your case, the service recipient is in UK, hence no service tax can be levied. But since, you are not receiving consideration in convertible foreign currency, it won't be called as export of service under Rule 6A of the STR, 1994. Meaning, you cannot claim rebate of the cenvat on input services used for providing such services.

But be sure, still it will not be taxable, since, service recipient is outside India.

However, you must also note that if it is software maintenance, then it will be taxable.

Hence, I advise you to note all types of services being provided and then understand the taxability.

in short any payment come from uk or other country there is no service tax ?

 

also 

 

if if foren payment come threw Paypal then also no service tax ?

As said earlier, no service tax on software development...

Even if you are receiving the money in INR.

Receipt in foreign currency is required to be obtained only in case where you want to claim cenvat.

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