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The Commissioner of Service Tax Versus M/s Tandus Flooring India Pvt Ltd

2015 (5) TMI 415 - KARNATAKA HIGH COURT

Indian subsidiary providing marketing support services for the products manufactured outside India - AAR held that service is not taxable in India - Held that:- No interference is called for with the order of the Authority which is impugned in this writ petition. An order which has been passed on a concession given by the Commissioner cannot be challenged by the Commissioner himself. It is not the case of the writ petitioner (Commissioner) that certain material and the relevant Circulars were pl .....

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ority on the basis of his own statement. - Even on merits, what is being canvassed before this Court in the writ petition is something which was not raised before the Authority - Decided against Revenue. - Writ Petition No. 57422 of 2013 (CESTAT) - Dated:- 8-4-2015 - Vineet Saran And S. Sujatha,JJ. For the Petitioner : Sri Jeevan J Neeralgi , Adv. For the Respondent : Sri Prasad Paranjape & Sri P Dinesh, Advs. ORDER The brief facts of this case are that: The respondent M/ s.Tandus Flooring I .....

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located in USA and M/ s.Tandus Flooring China, located in China. The respondent-Company is to undertake the responsibility of providing market and support services in relation to the carpets and floor coverings proposed to be sold by Tandus U.S. and Tandus China to the customers located in India through their own dealers or directly. In consideration of the services to be provided by the respondent-Company, it was to receive service fees in freely convertible foreign exchange from Tandus US and .....

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evity) seeking an advance ruling on the following questions: Question No.1 : What would be the place of provision of the marketing and support services provided by Tandus India to Tandus US and Tandus China in terms of the Place of Provision of Service Rules 2012 (introduced vide Notification No.28/2012-S.T. Dated 20.06.2012) Question No.2 : Whether the marketing and support services provided by Tandus India to Tandus US and Tandus China would qualify as export of taxable services under Rule 6A .....

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ommissioner of Service Tax, the Authority answered the said questions in the following manner: 1. The place of provision of service to be provided by the applicant to Tandus China and Tandus US shall be the location of the service recipients, i.e. in China and US respectively, in accordance with Rule 3 of Place of Provision of Service Rules, 2012; and 2. The provision of service by the applicant to the two recipients named above will amount to export of service within the meaning of Rule 6A of S .....

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ception carved out by Rule 9(c) of the Rules of 2012 and as such, the non-applicability of service tax on the respondent-Company was not justified in law; and secondly, that the concession given by the Commissioner of Service Tax (writ petitioner) was in ignorance of or without considering the subsequent Circular dated 13.05.2011, which had clarified the earlier Circular dated 24.02.2009. 5. Learned Counsel for the respondent has however submitted that no ground whatsoever has been taken in the .....

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-Company and as such, the provisions of Rule 9(c) of the Rules of 2012, would not be applicable and was thus, rightly not considered by the Authority nor the applicability of the said provision was ever raised by the petitioner (Commissioner of Service Tax) before the Authority. 7. Sri Prasad Paranjape , learned Counsel for the respondent has however submitted that the definition of 'intermediary' given in Rule 2 (f) of the Rules of 2012, has undergone a change by way of an amendment, wh .....

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An order which has been passed on a concession given by the Commissioner cannot be challenged by the Commissioner himself. It is not the case of the writ petitioner (Commissioner) that certain material and the relevant Circulars were placed before the Authority and were not considered. After considering the entire case on merits and deciding in favour of the respondent-Company, the questions raised were answered in favour of the assessee on merits and also on the basis of the concession given b .....

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g to Export of services and after holding that the respondent satisfies all the conditions laid down in clauses (a) to (f) of the subrule (1) of Rule 6A of the Rules of 1994, it proceeded to answer the questions in favour of the assessee. 10. Learned Counsel for the petitioner has submitted before this Court that the place of provision of service, would, in the present case, be within India and not outside India, by virtue of the exception carved out under Rule 9(c) of the Rules of 2012. 11. The .....

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