Taxable or exempt

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A Private Limited Company engaged in software and Application testing and registered as Service Tax Assessee in the category of Technical Inspection and Certification Agency Service.

The company received a business from foreign customers. The company doing some testing service and raised an invoice in USD without charging service tax.

The company claim for not charging service tax is, the service is an export of service, since the service receiver is in foreign country, invoice raised in foreign currency and payment received from customer also in foreign currency.

Query:
1. The service was testing of software, this service was done in India, after completion of service the invoice was raised in USD. Kindly clarify, the place of provision according to Place of Provision of Service Rules?
2. Kindly suggest, whether service tax is applicable in this case?

Replies (1)
Yes service tax is applicable in this case. First of all this is not an export service , because as per rule 6A of service tax rules 1994 , service shall be treated as export of service when place of provision of service outside India but as per the details provided by you that Service of testing of software provided in India on software . Hence in this case rule 4 of place of provision rules shall be applicable Which states that pop shall be location where the service are actually performed. At last we can conclude that service tax is payable in this case


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