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Service tax paid on Registration expenses overseas and Sales promotion Expenses.

Service Tax - Started By: - Sunil Jagtap - Dated:- 24-2-2016 Last Replied Date:- 26-2-2016 - Dear Experts,My query relates to take credit of the service tax paid on Registration expenses overseas and Sales promotion Expenses overseas.We are a manufacturing unit, we are paying service tax 14% on amount paid to our overseas agent for registration of new products in market and Sales promotion expenses.Now my query is are we eligible to take credit of service tax paid.Regards - Reply By Rajagopalan .....

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main service or supplies the goods on his account. The service provided by an intermediary is intermediary service. Since your agent is located in non-taxable territory (foreign country) no service tax is payable in India in respect of service provided in non-taxable territory. Therefore you need not pay any service tax on amount paid to your overseas agent for registration of new products in market and Sales promotion expenses. I will advise you not to take credit of service tax paid by you sin .....

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n in future. - Reply By Akash Deep - The Reply = Dear Sir,This is my personal view that situation as explained in query is not where intermediary service is being provided. as per my understanding amount are paid to a person Situated in foreign country who is helping out querist or registering querits's product in foreing country. Here that person is not facilitatiing the provision of service or sale of goods between two persons. i can see only two person here. however in case of intermediar .....

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h Sh.Akash Deep, Expert. - Reply By Ganeshan Kalyani - The Reply = Do you mean to say that the provision referred by Sri Rajagopalan is incorrect in this issue. Does the highlighted word in his reply is not correct. Expecting revert from both. - Reply By KASTURI SETHI - The Reply = Sh.Ganeshan Kalyani Ji, Sir, I shall not say someone is right or someone is wrong. It is exchange of views for fool-proof advice to the querist as well as enrichment of our knowledge also. I have endorsed Sh.Akash Dee .....

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ntermediary which is as under: -but does not include a person who provides the main service or supplies the goods on his account. (Emphasis is supplied on on his account Rule 3 of Place of Provision of Services Rules, 2012 is applicable here. Place of provision is location of SR. SP is in non-taxable territory and SR is in taxable territory and a business entity. It being import of service, SR is covered at Serial No.10 of Notification No.30/12-ST dated 20.6.12 as amended. Hence he manufacturer .....

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i write any thing just to prove wrong some body. i am a very materialistic man and will not make any effort to endorse any body as right or wrong untill i get paid for doing that. i am a lawyer and that is my business. i put my all efforts to to prove wrong only one person and that is department of revenue and certainly not my friends including ranganathan ji on this forum. Again views expressed are STRICTLY PERSONAL and always open for views of other experts. as a lawyer i am aware of many land .....

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