Chartered Accountant
133 Points
Joined December 2007
First of all you have to verify whether the service is taxable, then we have to see if it is performance based or with relation to immovable property situated outside india.
There are three conditions to be satisfied for constituting a export of service. They are 1. Service provided from India and used outside India 2. payment to be recd in convertible foreign exchange. 3 when service provided has to be used by a recipient situated outside India.
In your case Engineering services with regard to the Rule 3 (i) of the Export of Service tax rules provides that services as provided in relation to immovable property situated outside India is treated as export of service rules.
Hence if all the three conditions are satisfied then it is treated as an export.