Company XUS is a US based company which has started its India operations XIND. XIND is NOT set up as a subsidery of XUS. It is a pvt ltd company under the same owenership as XUS.
XIND provides software / consulting services to clients in the US. XIND charges XUS for the services rendered. The money is remitted to XIND by XUS in US Dollars. The charges are quite more than 10 Lakh per year. Are the services service taxed?
As per Rule 3 of Place of Provision of Service rules,2012-place of provision of consulting serrvices by XIND is US(i.e outside India), therfore such service is outside tax net as per Sec 66B.....
Further, it may be a case of export of service subject to satisfaction of conmditions stated in rule 6A of Service Tax Rules,1994....
Gupta Sachdeva & Co. Chartered Accountants
New Delhi
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