Import of service

This query is : Resolved

SRIDHAR (Querist)
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01 August 2014 Dear All,

Could anyone tell about the Service tax implication on the following transaction?

X is a Project Office renders services, under the category of Mining of Mineral or Oil & Gas services, to an Indian entity, which charges service tax on their invoices.
Apart from above PO receives certain services for example repair & maintenance for drilling rig from the overseas vendor.

1. The Purchase order will be placed by Head office located at Europe.
2. Invoice will be raised on HO.
3. HO at Europe will make payment to the overseas service provider.
4. The aforementioned costs will be passed to Project Office by way of Debit Note.
5. There won’t be any physical payment by PO to HO(Just book entry which get nullified while consolidation)

My query is whether service tax would attract under revers charge for the cost allocation to the project by considering the following rules.

A. Place of provision of service rules. (Defines HO and BO are distinct and not the project office)
B. Erstwhile Import of service rules, 2006 (Sec.66A also defines the BO and not the project office)

Thank & Regards,
R Sridhar
Manager-Finance.

Arun Kumar Singh

Arun Kumar Singh (Expert)
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01 August 2014 Place of service location is the place of service tax rules. If service provided in taxable territory then recipient of the service are liable to pay service tax.