29 August 2013
But, since the Indian co. is providing outsourcing service to a USA based co., doesn't it fall in the ambit of service tax and isn't it an export of service?
I have been reading the PPS,2012 rules lately. As per PPS rules, referring Rule 3, I think this rule applies here and the service will be termed as exported service and will not be liable to service tax.
What is your opinion?
Please tell me on basis of which provisions it comes under service tax ambit according to you.
As per Rule 6A of Service Tax Rules, as inserted w.e.f. 1-7-2012, a service shall be treated as export of service when all following conditions are satisfied – (a) the provider of service is located in the taxable territory (b) the recipient of service is located outside India(c) the service is not in negative list of services (d) the place of provision of the service is outside India (e) the payment for such service has been received by the provider of service in convertible foreign exchange, and (f) Service provider and receiver are not merely branches of same person.
02 September 2013
3. Place of provision generally.- The place of provision of a service shall be the location of the recipient of service:
Provided that in case the location of the service receiver is not available in the ordinary course of business, the place of provision shall be the location of the provider of service.
02 September 2013
As per the act place of service is the place of service recipient. so it your case POS rules also satisfied. hence eligible for exemption.
One doubt persists in my mind regarding pt d of 6A Rules regarding convertible foreign exchange.
In my case, the assessee was facing difficulty in routing the money receivable to India from USA to stringent norms of RBI. So, they decided to take services of an intermediary in USA that charges some brokerage and converts the dollars into Rs. and remits the balance proceeds to India in assessee's bank A/c.
06 October 2013
My view,very basic conditions for exemption is to received the money against service is foreign exchange, since you are receiving the same in INR in to India, your exemption eligibility is not available
13 March 2014
The condition of receving the consideration in convertible foreign exchange has been quashed in the case of:
Nipuna Services Ltd V CCE (A II) Hyderabad (2009) CESTAT Bangalore.
In an exact similar case to the one mentioned by you the court upheld that the condition of receving the consideration in foreign exchange cannot overrule the concept of exports and hence exemptions cannot be denied even if the cosideration is received in INR by an agent after deducting his commissoin.
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