Nikhil Kaushik's Expert Profile

Queries Replied : 23957

In case you are looking for tax compliance or advisory services, you can reach me at canikhilkaushik @ gmail.com

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binny says : service tax on foreign commission in USD
Dear Mr. Kaushik I read your expert comments on some of the queries on CA club. Thanks for your contribution. I have some query regarding service tax applicability on commission received in US dollars from a foreign company. Pl. see if you can comment. An Indian REP. company is procuring orders for foreign principal company from Indian customers. The Indian customers place their orders directly on the name of Foreign principal company. The Indian REP company is not buying and selling. The whole process is like this: 1) The enquiries of Indian customers are issued on the name of foreign supplier. These are sent to Indian company or even directly to foreign company. 2) The Indian REP. advises foreign company to make the offer sheet directly to foreign company keeping his margin/profit included in the offer sheet. 3) The Indian customer places the order and payment directly on that price of the offer sheet directly on the name of foreign company. 4) After the order execution by the foreign company , the foreign company remits the margin/profit to Indian rep. in USD. This profit varies on each order. Please advise service tax applicability in this scenario. Best Regards Binny

binny says : Service tax on commission received in USD
Dear Mr. Kaushik I read your expert comments on some of the queries on CA club. Thanks for your contribution. I have some query regarding service tax applicability on commission received in US dollars from a foreign company. Pl. see if you can comment. An Indian REP. company is procuring orders for foreign principal company from Indian customers. The Indian customers place their orders directly on the name of Foreign principal company. The Indian REP company is not buying and selling. The whole process is like this: 1) The enquiries of Indian customers are issued on the name of foreign supplier. These are sent to Indian company or even directly to foreign company. 2) The Indian REP. advises foreign company to make the offer sheet directly to foreign company keeping his margin/profit included in the offer sheet. 3) The Indian customer places the order and payment directly on that price of the offer sheet directly on the name of foreign company. 4) After the order execution by the foreign company , the foreign company remits the margin/profit to Indian rep. in USD. This profit varies on each order. Please advise service tax applicability in this scenario. Best Regards Binny

girigattupalli says : thanks
thank you nikhil for your advise ABOUT PENALTY GIRI, KAVALI AP

HARSH KUMAR BHARDWAJ says : Termination of Articleship
My friend Is doing CA Articleship in Chandigarh and lives in PG on rent of Rs.7000 (including conveyance and food and all necessities) in Chandigarh but his actual residence is in Gobindgarh which at a distance of about 53 or 54 km from Chandigarh. His father has a shop of confectionery but now from the past few months the income of his father is converted to loss. He and his family are now suffering financial crises due to which he is now unable to pay his rent of PG. His is on stipend and his family is paying all his expenses. Now he wants to take termination and to do some job so that he can makes himself and his family financially stable. Is there any provision in ICAI for this situation so that he can overcome from this situation?

Durga Prasad.K says : VAT or CST
We are dispatching goods to Tamilinadu from Hyderabad but invoice to Hyderabad Address of the customer. In this point of time VAT or CST has to charged