Place of provision rules

CA Ramsai N (Fresher)     20 June 2013

CA Ramsai N
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One Indian Private company got the comission form German Company for offering a project in FUJIRAH(United arab emirates) to the German Company.

Whether Service tax is liabile in the hands on Indian Comapny for receiving such comission




Arun Kumar Singh (GST Advocate)     20 June 2013

Arun Kumar Singh
GST Advocate 
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Your services will be fall under the intermediary services. The place of provision of intermediary services shall be the location of the service provider. If service provider is located at UAE then no need to pay service tax. 

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Vikas (CA)     21 June 2013

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Whether such commission is earned for provision of service or sale/purchase of goods.

If pertaining to goods, then not taxable;

It pertaining to service, then taxable.

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