Commission on Sale

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Amit (Querist)
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04 March 2009
Hi All

We are pune based oompany. We want to raise sales invoice as COMMISSION ON SALE on one of our group company who situated o/s India.

My question is whether we are liable to raise service tax in the Sales Invoice ?

Because as per Rule 4 of Export of Services under service tax act, some exemption is granted for similar type of situation

Kindly advise

Thanks
Amit

Dayal

Dayal (Expert)
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05 April 2009 You have not clarified the transaction, whether you have procured orders for sale for your group co o/s india and the supply has been made from your group company o/s india.

If such is the case it is treated as export since service was used outside India provided from india.

The payment has to be received in FE

You may evaluate your transaction , or provide more details on the transaction