Service tax

Dear All,

My company is based in Middle East. We are entering into franchisee agreement with a training center in India for providing oil and gas sector employees training in the Middle East. Our Indian counterpart will come to ME and provide training to our course students. We will give a portion of the total fees collected as their commission. On signing the franchisee agreement, they have asked us to pay 10.30% as service charges alongwith franchisee fees, as they have to make ST payment. Also that this will be included for all future payments to them. Is it correct that they have to pay ST for foreign currency earned??

Thanks

 

Replies (5)
HI From what i understand from your post is that an Indian company provides training in Middle east and the Middle east company pays the amount to the Indian Company for their training services. If my understand is correct then no service tax is applicable as the contract / service is provided outside India and the Indian company can claim exemption under export of service. If my understanding is not right or if i have missed any thing; please reply.

Thanks prasad.

What you understood is right. But they are asking for ST on franchisee fees as well as all future payments. Hence the confusion

 

 

Ideally, they are not providing any service in India and hence no service tax is chargable. you can ask them refer export of service rules 2005 or alternatively ask them under what provision of service tax they are charging service tax and repost your quiery.

hello,

 

can any one pls provide the servide tax notes in pdf format to my mail id.

my id: shankarnarayan07 @ gmail.com

Please refer to Para 3 of the Export of Service Rules, 2005 attached below, for "Export of taxable service".

 

To my knowledge, Franchise Service are covered u/s 65(105)(zze) of Finance Act, 1994 as amended from time to time. If we go through the text given in Rules mentioned above, we will find that Section 65(105)(zze) has been kept out of purview of "Export of taxable service". Hence, charging of service tax on Franchise Service seems to be correct on the part of service providers.

 

As far as imparting of training is concerned, Commercial training & coaching centres are covered u/s 65(105)(zzc) of Finance Act, 1994 as amended from time to time. The same has been covered under Export of Service Rules, 2005. Hence benefit of such Rules would be available to that part of service which relates to training services provided outside India.

 

Hope it is clear.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
31 October 2026
Accountants

sankaran and krishnan

New Delhi

B.Com

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
02 November 2026
Audit Executive

SRJP & Co LLP

Kochi

CA Inter

View Details
Company
Featured 29 October 2026
Accounts Executive

Synergy Keystone

Chennai

B.Com

View Details
Company
Featured 27 October 2026
semi-qualified CA

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Final

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
13 October 2026
Accountant

Zerdi & Co. Chartered Accountants

Pune

B.Com

View Details