Nilesh 's Expert Profile

Queries Replied : 374

A result driven professional with more than 10+ years of experience in the areas of Indirect Tax
Analytical skills & ability to comprehend the system and the core areas of the assignment quickly
Well organized with a track record that demonstrates self-motivation, creativity and initiatives to achieve the set goals.
Possess effective communication, interpersonal & problem solving skills with the ability to handle extremely busy and hectic schedules.
Extensive exposure to Information Technology sector and BPO/KPO industry. Acquired widespread experience in setting up of SEZ unit, expansion of SEZ unit.
Advice to many Multinational Companies, listed companies on Indirect Tax

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narendra says : cenvat credit
nilesh sir but the service provided by us is not input service for the manufacturer we are providing him service as a courier co. transporting the goods from his factory. now can the same manufacturer may avail the cenvat credit of service tax charged by us??

binny says :
Dear Sir, I read your expert comments on service tax. I have a furher query related to service tax and would be grateful to know your views on this. 1) I want to know is Service tax applicable on the commission received in US Dollars by an Indian rep.compnay in India from a foreign principal company towards marketing its products to customers in India. I think no service tax is applicable on commission earned in foreign exchange as per under Service tax circular no. 111/05/2009-ST and 141/10/2011-TRU which says that the benfits of the services by agent/rep. accrue outside India. This also gets verified under the ambit of Export of Service Rules, 2005 on which no service tax is payable if commission is in foreign currency. 2) With effect from 01.07.2012, is the situation changed? Rule 9 of the Place of Provision of Services Rules ( Notification 28/2012 dated 20.06.2012 effective from 01.07.2012) provides that in case of Intermediary Service Provider, place of provision of services shall be location of Service Provider. What is its implication? Will commission earned in in Foreingn exchange still be considered as Export of services and hence no service tax on it. Kindly confirm on above and oblige. Thanks and Best Regards Binny