Service tax on services rendered abroad

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shawn

Director

21 Points Posted on 27 February 2012

Hi All,

Greetings !! I run an Organization providing IT staffing services to USA & USA based companies. I have a doubt if my company is eligible to pay Service Tax where :

1. We get payment in Forex.

2. My Organization is not involved in any business in india where i serve & recieve payments from here only.

3. My clients & their organizations dont have any root or sister concerns based in india.

4. We do not apply service charge while invoicing our clients.

5. we have transacted 17 Laks in this financial year.

I tried clearing my doubt with many charted accountants, few of them say "After an amendment in ST laws, services outside india are not under ST" but few opinions are unlike it.

Please guide

Thanks

Replies (5)

CA.Ganesh

Practicing Chartered Accountant

297 Points Posted on 27 February 2012

Your service will come under Manpower Recruitment service.

However if service is exported , there is no service tax liability.

CHANDAN KUMAR

Professional

32 Points Posted on 28 February 2012

well as per service tax law any service which have been rendered outside india will be outside of the perview of service tax so in your case you dont need to pay any service tax

Prasad

Sr. Manager

625 Points Posted on 28 February 2012

HI Shawn

Agree with others that no service tax is payable by you, since yours is a 100% exports business.

My suggestion is if the amounts are material you should claim refunds against the service tax paid by you, like Rent, Internet.... by registering under service tax.

This is just a suggestion and again if the Nos are material

Regards

Prasad

9611802177

Dipjyoti Majumdar

CA in service & CS. dipmaj@

2891 Points Posted on 29 February 2012

May I enquire from Prasad what is the process of applying for refund of input service tax paid for providing exempted output service. Is it through rule 5 of cenvat credit rules or export of service rules -- form A or Form ASTR .

Regards,