Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2016 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 1527 - AT - Service TaxRejection of refund claim - unjust enrichment - export of services - Held that: - the services rendered by the appellant for Institutional Investors situated abroad from whom brokerage is charged by them. In any case, the services were rendered by the appellant to the Institutional Investors who are situated abroad hence service tax law does not apply to them as also on the export of services. Services provided by the appellant to Foreign Institutional Investors can be termed as export of services as the service tax being a destination based tax, the recipient of the services are situated abroad. Identical issue came up before the bench in the case of Commissioner of Service Tax, Pune II v. HSBC Software Development (I) Pvt Ltd [2016 (2) TMI 475 - CESTAT MUMBAI], where it was held that service rendered outside the country are outside the ambit of taxation. The question of unjust enrichment does not arise in the case of export of service - appeal allowed - decided in favor of appellant.
|