Service Tax on Commission received from foreign company

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This is a query regarding my client who is a private limited company.

The company is formed in india.

Activity of the company : The company is in close contact with Pharma Manufacturers in india. These pharma manufacturers need hi tech machines from foreign manufacturers. My client company is also having its contact with these foreign manufacturers of machineries. My client company will ask the foreign manufacturer to deliver the required machinery to the indian pharma company.

For this activity, my client company charges commission (based on sales value) from the foreign manufacturer only.

This commission is directly credited by the foreign manufacturer in my client company's bank account. 

Is this commission chargeble to service tax under Bussiness Auxillary Services or any other service? or is this commission exempt under Export/Import of Services rules.

If this Service Tax is chargable, than can i claim CENVAT Credit for the same?

Please note that, the company is about the cross the exemption limit of Rs.10 lacs.

Early reply will be highly appreciated

Regards

Replies (1)

The services provided are under clause (i) of the BAS defintion. It wouldbe liable but for the fact that the recepeint is outside India and amount is recived in convertible foreign exchange. Your client is also eligible to get the refudn of the ST paid for inputs, input services used for provding this service in addtiona to CED credit on capital goods used for the same if any. Refund is a fairly long drawn out affair and amounts may determine the periodicity.

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