Cma
(25 Points)
Replied 10 May 2007
Hi Prince
Second proviso of Section 66A reads as below.
"Provided further that where the provider of the service has his business establishment both in that country and elsewhere, the country, where the establishment of the provider of service directly concerned with the provision of service is located, shall be treated as the country from which the service is provided or to be provided."
Hence in this transaction, US parent company is directly concerned with the provision of Service and hence is provider of Taxable Service. As the US parent company is having permanent establishment in a country other than India, the Indian Service recipient, being located in India, will be liable to pay Service Tax. (as per Rule 3(iii) of Import Rule).
In the given case, the Delhi based office will be liable to pay service tax on gross amount charged i.e. $10000/-. But if US parent company is raising invoice on the another US company, it will not be consider as import of Service as the service recipient is not located in India and hence there will be no Service Tax.
When Indian subsidiary will raise an invoice on its US Parent company of $6000 for Services provided by it, the same will not qualify for Export of Service, being the service is not delivered and used outside India (as per Rule 3(2)(a) of Export of Service Rule 2005). So the Indian Subsidiary will charge Service Tax on invoices raised on its parent company.
Summary of above
I
i. US parent company raising invoice on Indian company at Delhi for $10000.
Indian Company will be liable to pay Service Tax on the same.
OR
ii. US parent company raising invoice on another US company for Service provided in India for $10000.
Transaction will not be liable to Service Tax as recipient of Service is not located in India
II Invoice raised by Indian subsidiary on its US parent company for $6000.
Transaction will attract Service Tax.
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