Service Tax : Its very often that exempted service are considered as any service on which service tax not payable by the assessee. But the term ...
Service Tax : The Export of service Rules, 2005 were notified with effect from 15-03-2005 to determine whether a provision of service will be re...
Service Tax : Export the goods and not the taxes is the common line that we hear, this statement is also valid in Finance Act, 1994 for export o...
Service Tax : Rule 6A of Service Tax Rules, 1994 is the governing rule to determine whether a particular service is export or not. Rule 6A stipu...
Service Tax : We are sharing with you an important judgment of the Hon’ble CESTAT, Delhi in the case of Microsoft Corporation (I) (P) Ltd. Vs....
Service Tax : A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme f...
Goods and Services Tax : In present facts of the case, the Hon’ble High Court observed that the petitioner was rendering advisory services to entity in S...
Income Tax : CESTAT Delhi held that commission earned on services provided to foreign entity for products sold in India is ‘export of service...
Service Tax : CESTAT Mumbai held that services provided by appellant (Commission agent) to their foreign principals is ‘export of service' as ...
Goods and Services Tax : In re Stovec Industries Ltd (GST AAR Gujarat) To decide whether the specified transaction is export of service we have to refer Se...
Service Tax : The appellant is an agent of Western Union on whose behalf appellant is disbursing money to the persons directed by Western Union ...
Service Tax : A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme f...
Service Tax : Notification No. 25/2009-Service Tax, dated 19-8-2009 In exercise of the powers conferred by sections 93 and 94 of the Finance Act...
CA Vaibhav Sachdeva Comparative Analysis of Place of Provision (POP) of Service Rules 2012 with Export of Service Rules 2005 and Taxation of Services (Provided from outside India and received in India) Rules, 2006. As per the Notification No. 28/2012 – Service Tax dated 20th June, 2012 – Place of Provision of Services Rules, 2012 shall […]
RULE 4: REGISTRATION – Three categories of person liable to get themselves registered under service tax namely:-a. Service Provider of taxable services under section 69(1) b. Person responsible for making payment of service tax as specified in Rule 2 (1) (d) read with section 68. They shall also seek registration under section 69(1) of Chapter V of Finance Act, 1994
A Committee has been constituted with Director General of Service Tax Smt. Sanghamitra Panda as Chairperson to review the scheme for electronic refund of service tax paid on taxable services used for export of goods. Other members of the Committee are Commissioner of Service Tax, Mumbai-1, Shri Sushil Solanki and Director, TRU Shri J. M. Kennedy.
The Central Board of Excise and Customs (‘CBEC’) has issued a clarification vide Circular No 141/10/2011 – TRU dated 13 May 2011 (‘Present Circular’) with regard interpretation of the term used outside India under the Export of Services Rules, 2005 (‘Export Rules’) for the period upto 27 February 2010. Under the Service tax legislation for certain specified taxable services1 (Category 3 services), one of the conditions to be satisfied for qualifying as export (under the erstwhile Export Rules), was that the said services should be used outside India.
Globally the taxation of services across different taxing jurisdictions is increasingly moving towards destination-based levy in respect of B2B services while origin-based levy is largely applicable to B2C services. In tune with this practice, certain services are being rearranged as follows: (i) Service provided by builders [section 65(105)(zzzzu)] is being added to sub-rule 1(i) and will thus be considered as exported, subject to compliance with other conditions, if the immovable property is situated outside India.
What is Export of Services? Whether export of services is exempted from Service Tax? What constitute export of service is defined in the Export of Service Rules, 2005. The export of taxable services is exempted from Service Tax.
Notification No. 25/2009-Service Tax, dated 19-8-2009 In exercise of the powers conferred by sections 93 and 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Export of Services Rules, 2005, namely :–
In India the contribution of service sector to the GDP is about 55% and is a major driver of economic growth. However it was very difficult to define export of services and therefore many multinationals were wary of exploring opportunities for cross-border trade with India. Unlike goods which are defined to be exports when they physically cross the Indian territory it was very complex to define the export of services given that they were mostly intangible assets with no direction of movement or unique or definable place of their consumption or use. This left the question of defining the export of services.
