Service tax on bpo services

1731 views 4 replies

There is a company in USA which provides software support services to it clients in USA itself.  It has opened another Company in India and outsourced its work (with same Directors).  Is the Indian entity required to charge service tax on the billing to the foreign entity.  The Indian entity does not directly bill the client.  Also, if it is exempt as Export of Services, is it compulsory to get itself registered with Service tax

Replies (4)

If the Indian entity is providing service & invoicing to its Parent / Client in USA, then this is export of service and no service tax on the said amount.

However if you are providing the service for Indian clients as per notification 14 in May 2011 it is not mere invoicing but “the benefit of the service should accrue outside India”.

If this condition is satisfied then there is no applicablity of service.

Regarding your question on registration if the total amount of revenue is above the prescribed limits in my opinion registration is required.

Adding to this if you are a 100% exports you could claim refunds on service tax paid to your vendors.

 

Prasad

 

Thanks for the clarification.  So if we get ourself registered, we continue to file nil returns or claim refund for small service tax paid on telephone bills,etc.  Please advise

 

Also,  we have been operating since around 2 years now and not got ourselves registerd?  Would we be penalized for that.  Of course we will not get any refunds from past or file any returns for that period

it will not be nil returns, you will have to declare the export sales to the service tax. This becomes basis on which you will claim refunds.

For refunds it is a seprate set of procedure to fullow.

refer this link for details https://www.cbec.gov.in/refund-rebate/refundrebate-docs.pdf

regarding your query on being penalised, I don't see this happening as long as you have not done any domestic sale. I have handeled registration of a five year old service company.

In relation to “associated enterprises,” section
92D(3) of India’s Income-tax Act, 1961 (the “IT Act”) provides that an assessing
officer or a Commissioner may, in the course of any proceeding under
the IT Act, require any person who has entered into an international transaction, to
furnish any information or document in respect thereof, and that such information
will have to be provided within a period of 30 days from the date of receipt of a
notice issued in this regard. A Foreign entity may outsource certain services to a resident Indian entity. If there is no business connection between the two, the non-resident entity will not be liable to tax under the Income Tax Act.
 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details