21 September 2009
we are an t shirts export company and pay foreign agent commission through bank transfer. recently the audit people from service tax department informed us that the ST on foreign agent commission to be paid wef.09.07.2004. we check other sources to find the effective date is only 19.04.2006.
next point whether foreign bank charges deducted in euro on realisations comes under perview of service tax, if yes are we to pay of the indian banks are liable to pay that.
the auditors who came for audit are not clear on this matter. how can the department send such igonorant auditors
21 September 2009
export of service is exempt under service tax vide notification no.56/5//2003-st-dt 25-4-2003.
From 15/3/2005 EXPORT OF SERVIE RULES ARE EFFECTIVE.HOWEVER VIDE CIRCULAR NO. 97/6/2007 DT.23/8/2007THE LIABILITY TO PAY SERVICE TAX IS SHIFTED TO SERVICE RECEIVER WHERE THE SERVICE IS PROVIDED TO A PERSON IN INDIA BY ANY PERSON FROM OUTSIDE INDIA. IF YOU ARE MADE LIABLE BY THE DEPT. UNDER BUSINESS AUXILIARY SERVICE CATEGORY,PL. SEE THE INCLUSIONS AND EXCLUSIONS FOR TAXING THE SERVICE THREUNDER BECAUSE C&F AGENTS ETC.. ARE EXCLUDED FROM TAXABLE SERVICES.
CAclubindia
