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ST Exemption for Foreign Commission Payment for export of goods by one of the unit from SEZ, Service Tax

Issue Id: - 4631
Dated: 1-9-2012
By:- Abraham Wilson

ST Exemption for Foreign Commission Payment for export of goods by one of the unit from SEZ


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Dear Experts,

Our Company is having many Branches in India and also having one Branch Office(one Unit) in Special Economic Zone and  and exports are made from this place. Now we are claiming Service tax paid on all input services by way of Refund vide Notification No.40/2012 dated 29th June 2012

Shall we eligible to get direct exemption for Commission payments made to foreign commission agent vide Notification No. 41/2012  dated 29th June 2012

When we have approached the ST Authority, they rejected our exemption claim since you are claiming the refund vide Notification No.40/2012 for other services, so you are eligible to claim the service tax on commission payment by way of refund only. You are not eligible for Notification No. 41/2012

Please give your inputs on this.

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1 Dated: 1-9-2012
By:- Abraham Wilson

ST Exemption for Foreign Commission Payment for export of goods by one of the unit from SEZ

Dear Experts,

Sorry In previous post i have wrongly mentioned the Notification No.41 instead of 42

Now Corrected

Our Company is having many Branches in India and also having one Branch Office(one Unit) in Special Economic Zone and  and exports are made from this place. Now we are claiming Service tax paid on all input services by way of Refund vide Notification No.40/2012 dated 29th June 2012

Shall we eligible to get direct exemption for Commission payments made to foreign commission agent vide Notification No.42/2012 dated 29th June 2012

When we have approached the ST Authority, they rejected our exemption claim since you are claiming the refund vide Notification No.40/2012 for other services, so you are eligible to claim the service tax on commission payment by way of refund only. You are not eligible get direct exemption vide Notification No.42/2012

Please give your inputs on this.


2 Dated: 1-9-2012
By:- Pradeep Khatri

The Central Excise People have rightly denied you in this matter.

 


3 Dated: 1-9-2012
By:- Abraham Wilson

Thank You Sir


Page: 1

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