service tax

621 views 3 replies

Indian company entered into a Joint Venture with a Foreign Company. Indian co. is providing some services to foreign co. & those services are provided in India itself & for those services Foreign co. is paying Commission in foreign currency.

Pl tell whether Indian co. has to raise invoices  for those commission including service tax or not. pl reply asap

Replies (3)

hi,

If the benefit out of such services is derived out of india by the foreignnparty and payment is made in foreign exchange then its would fall under the case of export of services and no service tax is chargiable on it ,

 

 

Regards

Jeevesh Mehta

Customs, Excise and Service Tax Consultant

Ph: 9811617186

Dear Wanishree,

Could you plseae provide the details of service rendered.

Thanks,

Ganesh.

As per export of service Rules, 2005 services are treated as exported only when conditions as prescribed under Rule 3(2) of such rules are satisfied.
 
 
These rules stipulate the following 2 conditions
 
1.  The services should be provided from India but used outside India
2.  Payment for such services is received in convertible foreign exchange.
 
As per your query it is clear that payment is received in convertible foreign currency.  The other key condition that the service should be used outside India also needs to be satisfied to be exempt from service tax.
 
 
Hope this answers your query.
 
Regards
S Saravanan
https://ssaravanan-vvu.blogspot.com/

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details