CA Final Student
479 Points
Joined September 2008
Jolly Oza, what is understood from your query is your have rendered the services to a foreign receipient of service in relation to business auxiliary service and received commission from the said foreign receipient on which you have paid service tax. If it is correct, the very first check is whether you have charged service tax to the foreign receipient?. If yes, it would be the case of 'unjust enrichment'. i.e. the incidence of duty is passed on to the buyer. In such case, you are not entitle to a refund of service tax. But if the service tax is paid from your pocket without being charged to the receipient, you are entitled for a refund of service tax subject to the fulfilment of conditions notified in this regard.