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TMI BlogService tax applicability - services to a foreign companyX X X X Extracts X X X X X X X X Extracts X X X X ..... Service tax applicability - services to a foreign company X X X X Extracts X X X X X X X X Extracts X X X X ..... bject to service tax in India ? Reply By BARUN BASU: The Reply: In the present case service tax is not applicable by virtue of export of service rules 2005 which states if following conditions are fulfilled a) such services is provided from India & used outside India b) payment for such services is received by the services provider in convertible foreign exchange Reply By Dinesh Gupta: The Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y: There are three categories in which all the taxable services have divided for the purpose of Import and Export of Services. You have to ascertain the appropriate category in which your service is falling. In general, for second and third category, where the recipient is situated outside India and amount is received in foreign exchange, you should be allowed the benefit of export of service tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not liable to pay service tax. Reply By rishi mohan: The Reply: A resident Indian is not liable to pay service tax on the services rendered to a foreign company located outside India.The services shall be taxable in the country where the company is registered. The amount received in foreign exchange is not subject to service tax as the services were rendered & utilised by the foreign company o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utside India.
Reply By Prabhakar V:
The Reply: The crucial point whether service tax is levaible or not is based on wherr the service is actually taking place. If service is rendered in India to a foreign co., who don't have office in India, the service tax is to be discharged by the Indian co., on behalf of the foreign co.. X X X X Extracts X X X X X X X X Extracts X X X X
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