Service Tax & Invoicing

This query is : Resolved

S. Anand (Querist)
Follow

08 May 2009 Dear Sir,
Thank you very much.
to put in a more elaborate manner:

a) We are entering into an commission agreement with a foreign company X.

b) X Company which out of country has to supply certain materials for the purpose of installation to Y company in india.

c) We are to take care of support services regarding logistics, payment, etc... on behalf of X company in india.

d) Invoice will be raised on X Company by us.

MY QUERIES ARE:
1) Can we raise the invoice in Foreign currency.

2) Is service tax applicable.

3) Will X company deduct tax and pay the balance while remitting the amount to us.

Regards
S. Anand

Madhukar N Hiregange

Madhukar N Hiregange (Expert)
Follow

08 May 2009 This essentyially is a marketing arrnagement falling under BAS. In BAS a commission agent is defined as one who causes sale/ purchase of goods and also provides support for the same to happen.
It is an export since receipient based and your services are used for the benefit of the foreign client and you recive the consideration in CFE.

TDS I do not know. No servic etax liable. In fact you can get a refund of the ST paid on input services.

S. Anand

S. Anand (Querist)
Follow

08 May 2009 Dear Sir
Thank you very much
Regards
S. Anand

Upgrade to CAclubindia Pro. Subscribe Now!