Service tax
This query is : Resolved
14 December 2010
Hi
we are doing first times business with foreign traders, actually ours is software business
While raising invoice , we need to charge service tax or not to charge ?
Kindly forward is there is any notification in this regard.
Regards
Sridhar
we are doing first times business with foreign traders, actually ours is software business
While raising invoice , we need to charge service tax or not to charge ?
Kindly forward is there is any notification in this regard.
Regards
Sridhar
14 December 2010
If export proceeds are received in Indian currency, no export benefits shall be available.
[Ref. Rule 3(2)(b) of Export of Service Rules, 2005].
If services are rendered in India, it shall not be treated as export, even if it is rendered to any foreign national and he pays in convertible foreign currency.
[Ref. Rule 3(2)(a) of Export of Service Rules, 2005].
[Ref. Rule 3(2)(b) of Export of Service Rules, 2005].
If services are rendered in India, it shall not be treated as export, even if it is rendered to any foreign national and he pays in convertible foreign currency.
[Ref. Rule 3(2)(a) of Export of Service Rules, 2005].
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14 December 2010
thankyou sir,
also attn sridhar G,
As per Rule 3(2)(a) of the Export of Services Rules 2005, a taxable service shall be treated as export of service if such service is ‘provided from India and used outside India’. [ Please Refer : Rule 3(2) of Export of Service Rules, 2005. ]
If export proceeds are received in Indian currency, no export benefits shall be available.
also attn sridhar G,
As per Rule 3(2)(a) of the Export of Services Rules 2005, a taxable service shall be treated as export of service if such service is ‘provided from India and used outside India’. [ Please Refer : Rule 3(2) of Export of Service Rules, 2005. ]
If export proceeds are received in Indian currency, no export benefits shall be available.
15 December 2010
Dear Mr.Sanat sir Mr.Ramesh sir,
we will get our sale proceeds in dollors only not in INR,
please suggest can we eligible for service tax Exemption, if it's yes
Please forward me the notification
Regards
Sridhar
we will get our sale proceeds in dollors only not in INR,
please suggest can we eligible for service tax Exemption, if it's yes
Please forward me the notification
Regards
Sridhar
15 December 2010
Sridharji,
if any one of the following condition has been satisfied , then it will be treated as export service. So please confirm.
The Export of Services, Rules, 2005 specifies 3 categories of cross border transaction of
services and conditions that will be construed as export of services in cases of:
i. Specified services which are provided in relation to immovable properties
situated outside India – [See list of services in Appendix-4] (Refer Rule 3(1)(i) of Export of Service Rules,2005).
ii. Specified services which are partly performed outside India – [See list of
services in Appendix – 4] (Ref. Rule 3(1)(ii) of Export of Service Rules,2005).
iii. the remaining taxable services, barring a few exceptions, when provided in relation to business or commerce, to a recipient located outside India, and when such services are provided not in relation to business or commerce, it should be provided to a recipient located outside India at the time of provision of such service.
However, where such recipient has commercial establishment or any office relating thereto, in India, such taxable services provided shall be treated as export of service only when order for provision of such service is made from any of his commercial establishment or office located outside India. [See list of services in Appendix – 4] (Ref. Rule 3(I)(iii) of Export of Service Rules,2005).
Further condition to be met for treating the provision of any taxable service as export of service -
payment for such service is received by the service provider in convertible
foreign exchange.
[Ref. Rule 3(2) of the Export of Service Rules, 2005].
if any one of the following condition has been satisfied , then it will be treated as export service. So please confirm.
The Export of Services, Rules, 2005 specifies 3 categories of cross border transaction of
services and conditions that will be construed as export of services in cases of:
i. Specified services which are provided in relation to immovable properties
situated outside India – [See list of services in Appendix-4] (Refer Rule 3(1)(i) of Export of Service Rules,2005).
ii. Specified services which are partly performed outside India – [See list of
services in Appendix – 4] (Ref. Rule 3(1)(ii) of Export of Service Rules,2005).
iii. the remaining taxable services, barring a few exceptions, when provided in relation to business or commerce, to a recipient located outside India, and when such services are provided not in relation to business or commerce, it should be provided to a recipient located outside India at the time of provision of such service.
However, where such recipient has commercial establishment or any office relating thereto, in India, such taxable services provided shall be treated as export of service only when order for provision of such service is made from any of his commercial establishment or office located outside India. [See list of services in Appendix – 4] (Ref. Rule 3(I)(iii) of Export of Service Rules,2005).
Further condition to be met for treating the provision of any taxable service as export of service -
payment for such service is received by the service provider in convertible
foreign exchange.
[Ref. Rule 3(2) of the Export of Service Rules, 2005].
15 December 2010
You may download this file
https://www.caclubindia.com/share_files/faq-on-service-tax-updated-33410.asp
https://www.caclubindia.com/share_files/faq-on-service-tax-updated-33410.asp
15 December 2010
Dear Sanat sir,
I am really thanking you because in between you tight schedule you are replying our quries, i am once again thanking you for you warmth advice.
Thanks & Regards
Sridhar
I am really thanking you because in between you tight schedule you are replying our quries, i am once again thanking you for you warmth advice.
Thanks & Regards
Sridhar
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