Originally posted by : Mallikharjun |
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Our company is sponsoring the employees for higher education in foreign countries. Employees who opted for higher education have to work for the next 5 years after obtaining higher education. We will directly pay the fees to Universities. Whether this forex payment attracts service tax under 66A? If yes, are we eligible for service tax credit? |
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As per section 66A read with service tax rule 2006 (list iii) sponsoring the employees for higher education in foreign countries is an import of service
hence the organisation is liable to pay the service tax on the taxable service provided by Universities in abroad. And the company has to paid the amount of service tax in cash without utilising the cenvat credit .
but the company is very much eligible to avail the cenvat credit of such payment as it is a input service for the company if the company itself is a manufacturer or taxable service provider and liable to pay excise duty or service tax on final product or output service